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Privacy

These Terms and Conditions of Use (the “Terms of Use”) apply to all Dambe Warriors® web sites, including without limitation, those located at Dambewarriors and DambeWarriors, and all associated sites linked to Dambe Warriors by AFRICA FIGHTERS LEAGUE ENTERTAINMENT COMPANY LIMITED  (“AFL”), its subsidiaries, affiliates and related entities (the “Site”). The Site is the property of AFL. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

COPYRIGHT NOTICE

This Site is the official Site of AFL. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the AFL is not permitted.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. AFL reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any AFL server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of AFL, including any AFL account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or AFL’s systems or networks, or any systems or networks connected to the Site or to AFL.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AFL on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of AFL or others.

Submission of Unsolicited Materials

AFL policy prohibits AFL or its employees from accepting or considering any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever (“Unsolicited Materials”). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to AFL or anyone affiliated with AFL via email, fax, postal mail or any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services and features developed internally by DAMBE WARRIORS personnel may appear to be similar to Unsolicited Materials submitted to the DAMBE WARRIORS.

As stated above, we ask that you do not send us Unsolicited Materials. By ignoring our policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data or any other materials, you are giving us permission, in perpetuity, on a no-charge, royalty-free basis to use the Unsolicited Materials in connection with DAMBE WARRIORS.com or any of AFL’s advertisements and promotions, and for any other purpose for which AFL chooses to use the Unsolicited Materials.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

AFL’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

AFL may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and AFL makes no commitment to update the materials on the Site with respect to such products and services.

Your Acceptance

By using or visiting the Dambe Warriors (“DAMBE WARRIORS®”) website or any DAMBE WARRIORS® products, software, data feeds, and services provided to you on, from, or through the DAMBE WARRIORS® website (collectively the “Service“) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) the DAMBE WARRIORS® Privacy Notice. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, including this website’s Privacy Policy, please discontinue using the website immediately.

By using this website, you agree to be legally bound by all of the terms of this Agreement. DAMBE WARRIORS® reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by DAMBE WARRIORS® may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.

Representations

You affirm that you are either more than 18 years of ageor possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Provided you are eligible to use this site, DAMBE WARRIORS® hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, non-commercial and personal use only, one copy of any Material and/or software contained within this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the “Material”). You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Material and that no title to the Downloaded Material has been or will be transferred to you from DAMBE WARRIORS® or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Material.

Availability of Services

The availability of the content on the Services, including the Subscription Products, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.

Access to the Services.

In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions here.

In addition, access to certain of the Subscription Products is limited to residents of certain geographical territories, and can be modified at DAMBE WARRIORS®’s discretion.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. DAMBE WARRIORS®’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. DAMBE WARRIORS® may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and DAMBE WARRIORS® makes no commitment to update the materials on the Site with respect to such products and services.

Registration, Username, Password, Security.

Registration. In accessing this website or certain of the resources on the website, you may be asked to provide registration details, including but not limited to, a valid e-mail address, date of birth and your full name. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If DAMBE WARRIORS® believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.

Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. In order to access the Subscription Products, you will be asked to provide your username and password.

Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.

Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by email at XXXXX  You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

Although DAMBE WARRIORS® will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DAMBE WARRIORS® or others due to such unauthorized use.

Your Content and Conduct.

As a Site account holder you may submit Content to the Service, including but not limited to, user comments. You understand that DAMBE WARRIORS® does not guarantee any confidentiality with respect to any Content you submit and you acknowledge and agree that AFL may use and permit third parties to use anything you submit or otherwise provide or make available to AFL, including without limitation, information available through any Third Party Platform (e.g., Facebook, Twitter, etc) used to access any Site.

Copyrights and Trademarks.

This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the logos or other images incorporated by DAMBE WARRIORS® on this website are also protected as registered or unregistered trademarks, trade names and/or service marks (“Trademarks”) owned by DAMBE WARRIORS®. All other trademarks are the property of their respective owners. Use of the Trademarks of DAMBE WARRIORS® or of any other party is not authorized in any manner other than as incorporated into this website. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.

Infringement Notice.

If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the laws of the U.S, please forward the following information to the Copyright Agent named below:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AFL,
Attn: Legal Department


Please note that while DAMBE WARRIORS® seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that DAMBE WARRIORS.com is a service provider as defined in 17 U.S.C § 512(c) or elsewhere in the law.

Special Terms and Conditions Applicable to Subscription Products, online Pay Per View, and Other Services/Products Offered for Purchase Through the Site.

We reserve the right to modify the price of any Subscription Product, online Pay Per View, and/or any other services/products offered for purchase through the Site. We are not responsible for any error in copy or images relating to any Subscription Product or any other services/ products offered for purchase through the Site.

In order to purchase a Subscription Product, online Pay Per View, or other services/products offered for purchase through the Site, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address. Our Privacy Policy explains how such information collected via the Site may be used by us. Your ability to purchase Subscription Products and/or other services/products offered for purchase through the Site is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the Subscription Products or any other services/products offered for purchase through the Site, you authorize us to charge such card on a periodic basis as specified in the amount described on the applicable Subscription Product or other services/products purchase path(s).

Pay Per View events purchase includes viewing for 24 hours from the event start.  If purchased as a rental after the event, includes viewing of 24 hours from purchase.

Billing and Automatic Renewal Policies for Certain Subscription Services or Monthly Subscriptions, the term begins when you purchase and ends at the product’s pre-determined cycle. To cancel your monthly subscription or the annual automatic renewal feature, send an e-mail to Dambe Warriors   cancellation will become effective as of the next monthly billing cycle following receipt.

The DAMBE WARRIORS® reserves the right to block access to any online event to any regions or territories at the DAMBE WARRIORS®’s discretion and for any reason. Blackout restrictions may apply.

Under this agreement, the payment processing services for the Service will be provided by MTN, on behalf of DAMBE WARRIORS®, depending on the type of payment methods used for the purchase of the Services.

We have contracted with MTN, Inc. to provide services that provide You (the subscriber who pays a fee) with the ability to access and view our content. The payment processing relating to the ability to view the content for those subscribers in Europe will be provided by MTN, Limited. (MTNeuLion, Limited and MTNNeuLion, Inc. are collectively referred to herein as MTN “NeuLion”.) MTN Terms of Use and Privacy Policy are available at MTN XXXwww.neulion.com. Payment for the ability to view our content is made to MTNNeuLion, on our behalf, based upon the subscription plan that you sign up for. The subscription fee will be processed through MTNNeuLion and will be processed in a secure manner by a third party payment services provider retained by MTNNeuLion. Questions concerning payment processing for subscribers in Europe can be addressed via live chat, email at  XXXXor MTNNeuLion, Limited, located at 69 Wilson Street, 2nd Floor, London EC2A 2BB, United Kingdom or NeuLion, Inc., located at 1600 Old Country Road, Plainview, NY 11803.

Online Pay Per View is for residential use only.

Commercial locations in the United States are required to license the Pay Per View from our commercial distributor Joe Hand Promotions, Inc., 407 E. Pennsylvania Blvd., Feasterville, PA 19053. Commercial locations in English Canada are required to license the Pay Per View from our commercial distributor Premium Sports Broadcasting, Inc., 650 Columbia Street New Westminster, BC V3M 1A9.  Commercial locations in Australia are required to license the Pay Per View from our commercial distributor FOXTEL.  Commercial locations in New Zealand are required to license the Pay Per View from our commercial distributor SKY.

Refunds.

In order to provide the highest customer satisfaction possible, we will refund the purchase price paid for any Subscription Product, as follows:

If you have purchased anything other than a Pay-Per-View Product and:

If your access to such Subscription Product is cancelled by you within five (5) days of the purchase date, we will make a reasonable effort to refund to the credit card you used to subscribe to such Subscription Product an amount equal to the total amount you paid for access to the Subscription Products in the current term of your subscription less the amount of a Weekly Pass for such Subscription Product. If your access to such Subscription Product is cancelled by you after five (5) days of the purchase date, you will not be eligible for a refund.
Your access to the Subscription Product is cancelled by us at any time, we will make a reasonable effort to refund to the credit card you used to subscribe to such Subscription Product a prorated amount equal to the total amount you paid for access to the Subscription Product in the current term of your subscription times the fraction of the term of your subscription that remains on the date of termination, except if we allege that you have violated the Terms of Use, in which case you will not be eligible for a refund.
If you have purchased a Subscription to any Subscription Product you will not be entitled to any refund if your access to the Subscription Product is terminated.
If we are unable to post a refund to your credit card, including because your credit card account is closed or otherwise unavailable when we attempt to post the refund, or if we allege that you have violated the Terms of Use, you agree that you will forfeit the amount due to you (if any) under this paragraph. Please note that we may not be able to post refunds for subscriptions that are paid for through the use of “single use” credit card numbers or similar “disposable” payment methods. We recommend that you do not use these payment methods to pay for your subscription to the Services; if you choose to use them despite our recommendation, you do so at the risk that we may not be able to provide you with a refund under this paragraph.
Our reasonable effort to provide you with a refund, as described above, will be your exclusive remedy if you or we terminate your access to the Services, including in the event that you claim we breached our obligations to you.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or the Subscription Products by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the informational page(s) of the Site. It is your responsibility to notify us of any change in your e-mail address by logging in to the Site and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.

Deactivation/termination of your registration

You may deactivate your registration on the website, at any time and for any reason, by sending an email request to XXXXXXDAMBE WARRIORSTVSupport@DAMBE WARRIORS.com. We may terminate your use of and registration on the website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

Account Termination Policy

DAMBE WARRIORS® will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be in violation of the Terms of Use, at any time, without prior notice and in its sole discretion.

General Use of the Service – Permission and Restrictions.

DAMBE WARRIORS® hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Service or the Content without DAMBE WARRIORS®’s prior written authorization.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means DAMBE WARRIORS® may designate.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the DAMBE WARRIORS® servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. DAMBE WARRIORS® reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
DAMBE WARRIORS® reserves the right to discontinue any aspect of the Service at any time.
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limited the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Warranty Disclaimer.

You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, DAMBE WARRIORS®, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. DAMBE WARRIORS® makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. DAMBE WARRIORS® does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and DAMBE WARRIORS® will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability.

In no event shall DAMBE WARRIORS®, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that DAMBE WARRIORS® shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by DAMBE WARRIORS® from its facilities in the United States of America. DAMBE WARRIORS® makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless DAMBE WARRIORS®, its parent corporation, officers, directors, employees 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) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service, (Iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. DAMBE WARRIORS® does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and DAMBE WARRIORS® will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Submissions and Postings.

DAMBE WARRIORS® does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, merchandise, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by DAMBE WARRIORS® staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send DAMBE WARRIORS® any unsolicited submissions.

To the extent that use of the website provides you or other users an opportunity to post and exchange information, content, ideas and opinions (“Postings”), be advised that DAMBE WARRIORS® does not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect the views of DAMBE WARRIORS®. To the fullest extent permitted by applicable laws, DAMBE WARRIORS® excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the website or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.

In any event, no material you send to us will be treated as confidential and may be used by AFL and third parties for any and all purposes.

Moderation/Monitoring.

DAMBE WARRIORS® shall have the right, but not the obligation, to monitor any Postings or other material on DAMBE WARRIORSDAMBE WARRIORS® shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to DAMBE WARRIORSWithout limiting the foregoing, DAMBE WARRIORS® shall have the right to remove any material that DAMBE WARRIORS®, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.

Assignment.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DAMBE WARRIORS® without restriction.

Arbitration, Applicable Law and Jurisdictional Matters.

You agree that any dispute, claim or controversy arising out of or relating in any way to your use of the service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and AFL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the end of your use of the service.

If you elect to seek arbitration or file a small claim court action, you must first send to ALF, by certified mail, a written Notice of your claim (“Notice”). If AFL initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by AFL, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and AFL do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AFL may commence an arbitration proceeding.

The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

In the event that a court of competent jurisdiction refuses to uphold/enforce this Arbitration clause:

You agree that: (i) the Service shall be deemed solely based in Nevada; and (ii) These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and DAMBE WARRIORS® that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Clark County Nevada.. The parties all consent to the jurisdiction of such courts  and agree to accept service of process by mail, and hereby waive any jurisdictional or venue defences otherwise available to it. These Terms of Service, together with the Privacy Notice at and any other legal notices published by DAMBE WARRIORS on the Service, shall constitute the entire agreement between you and DAMBE WARRIORS® concerning the Service.

YOU AND DAMBE WARRIORS® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DAMBE WARRIORS®’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DAMBE WARRIORS® reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.

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