Terms of Use
The following terms and conditions govern all use of the SlamScout website and all content, services and products available through the website, including, but not limited to, the SlamScout client area (collectively referred to as the Website).
The Website is owned and operated by WrestleQuest, LLC (“SlamScout”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SlamScout’s Privacy Policy) and procedures that may be published from time to time on this Site by WrestleQuest, LLC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WrestleQuest, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
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1. Client Area Account:
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify SlamScout of any unauthorized uses of your account or any other breaches of security. SlamScout will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. -
2. Contribution to Website:
If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Your Content”), You are entirely responsible for the content of, and any harm resulting from, Your Content. That is the case regardless of whether Your Content in question constitutes text, graphics, audio, or computer software. By making Your Content available, you represent and warrant that:
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the downloading, copying and use of Your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
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you have fully complied with any third-party licenses relating to Your Content, and have done all things necessary to successfully pass through to end users any required terms.
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Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
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Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
Your Content is not hate speech, pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; or contains nudity or graphic or gratuitous violence.
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3. Indemnification:
By submitting Your Content to SlamScout for inclusion on our Website, you grant SlamScout a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use. 4. Rights you are granted by SlamScout
SlamScout grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, SlamScout grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by SlamScout and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.5. Rights you grant SlamScout
You own all of the content you provide to SlamScout, but you also grant SlamScout the right to use Your Content as provided in this Agreement.
By creating an account, you grant to SlamScout a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. SlamScout’s license to Your Content shall be non-exclusive, except that SlamScout’ license shall be exclusive with respect to derivative works created through use of our Services. For example, SlamScout would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that SlamScout can prevent the use of Your Content outside of our Services, you authorize SlamScout to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. SlamScout is not obligated to take any action with regard to use of Your Content by other users or third parties. SlamScout’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for SlamScout allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to SlamScout regarding our Services, you agree that SlamScout may use and share such feedback for any purpose without compensating you.
You agree that SlamScout may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
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6. Right to Remove Content:
Without limiting any of those representations or warranties, SlamScout has the right (though not the obligation) to, in SlamScout’s sole discretion (i) refuse or remove any content that, in SlamScout’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SlamScout’s sole discretion. SlamScout will have no obligation to provide a refund of any amounts previously paid under these circumstances. -
7. Payment:
The Website offers numerous products and services for sale. The Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy. -
8. Newsletter:
If you choose to request a download link for the free trial version of SlamScout or purchase a SlamScout license, we will add your email address to the SlamScout Newsletter (as noted on the free trial request page). Our newsletter is designed to keep you up to date with SlamScout-related developments, updates, releases, and other relevant items. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. -
9. Responsibility of Website Visitors:
By operating the Website, SlamScout does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. SlamScout disclaims any responsibility for any harm resulting from the use by visitors of the Website. -
10. Copyright Infringement and DMCA Policy:
As SlamScout asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SlamScout.com violates your copyright, you are encouraged to notify SlamScout in accordance with common DMCA policies. SlamScout will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SlamScout or others, SlamScout may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, SlamScout will have no obligation to provide a refund of any amounts previously paid to SlamScout. -
11. Intellectual Property:
This Agreement does not transfer from SlamScout to you any SlamScout or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SlamScout. PW Big List, Pro Wrestling Apps, pwBigList.com, prowrestlingBigList.com, pwBigList.com logo, and all other trademarks, service marks, graphics and logos used in connection with pwBigList.com, or the Website are trademarks or registered trademarks of SlamScout or SlamScout’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SlamScout or third-party trademarks. -
12. Changes:
SlamScout reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SlamScout may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. -
13. SlamScout Upgrade and Subscription Billing:
By accepting our terms of service you agree to be automatically billed for SlamScout Upgrade and Subscription at the end of the free trial period unless you cancel your account within the 14 day trial period. -
14. Termination:
SlamScout may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SlamScout.com client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by SlamScout if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SlamScout’s notice to you thereof; provided that, SlamScout can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. -
15. Disclaimer of Warranties:
The Website is provided “as is”. SlamScout and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SlamScout nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. -
16. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SLAMSCOUT, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF SLAMSCOUT HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SLAMSCOUT’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SLAMSCOUT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST SLAMSCOUT, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT(INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 16 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SLAMSCOUT SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. -
17. General Representation and Warranty:
You represent and warrant that (i) your use of the Website will be in strict accordance with the SlamScout Privacy Policy, with this Agreement and with all aplicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. -
18. Indemnification:
You agree to indemnify and hold harmless SlamScout, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. - 19. Miscellaneous:
This Agreement constitutes the entire agreement between SlamScout and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SlamScout, or by the posting by SlamScout of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SlamScout may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.