TFMJT Website Terms Effective Date: April 15, 2015
Welcome to Floyd Mayweather Jr, Foundation website (“TFMJF” or “Website”). The TFMJF, its related digital properties, subsidiaries and affiliates, or other members of our family of companies value your participation and loyalty. The following Terms apply when you view or use the Website or other websites owned and operated by TFMJT as a guest or as a registered user. These Terms also govern the supply of any of the products listed on our Website to you, including all features and functionalities, instant streaming, our website and user interfaces, and all content associated therewith (the “Programs”). By using, visiting, or browsing the Website, you accept and agree to be bound by these Terms.
Changes to Terms
Information about Us
This Website is operated by Floyd Mayweather Foundation, Inc., a Nevada non-profit corporation, located at 4616 W. Sahara Ave, Suite 150, Las Vegas, NV 89102. If you would like information on how to contact us, click tfmjf.org/connect.
Accessing Our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website. We have the right to terminate your access to the Website if we determine that you have failed to comply with any of the provisions of these Terms. You are solely responsible for keeping confidential any password that you may be granted to access our Website. We advise you not to share your password, payment methods or any other information associated with our Website or your account with anyone.
Use of Our Website
By accessing our Website you agree to use our Website, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, the following restrictions apply to your use of our Website:
You shall not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Website;
You shall not interfere with the servers or networks connected to any portions of our Website or to violate any of the procedures, policies or regulations of networks connected to our Website;
You shall not impersonate any other person while using our Website, conduct yourself in a vulgar or offensive manner while using our Website, or use our Website for any unlawful purpose;
You shall not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer, or database connected to our Website;
You shall not use our Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
You shall not use our Website to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms;
You shall not use our Website to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
You shall not use our Website to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Website (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware.
User Created Content
We permit you to post or send to us comments, information, ideas, concepts, reviews, or techniques and other material relating to our programs (each a “Response”).
(a) Restrictions on Response Content:
You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the TFMJT’s policies or services. We do not regularly review the Responses posted on our Website; however, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.
(b) Use of Responses: License Grant:
TFMJT is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website or the Programs. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future.
By submitting a Response, you understand and agree that you are consenting to the release of all information provided in your Response, including your rating of a product or service, to a public forum, including other users of our site. If you do not want your Responses to be shared in a public forum, do not use the response feature on our site.
Consent to Cross-border Transfers
Linking to and Links from Our Website
Grant of Limited License to Use the Services
Restrictions on Age
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Website are the registered and/or unregistered Trademarks of TFMJT, or such third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of TFMJT or such third party that may own the displayed Trademarks.
Website Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Services available through our Website and their arrangement on this Website (“TFMJT Intellectual Property”) are all subject to patent, copyright, trademark and other intellectual property protection. TFMJT Intellectual Property may not be copied for commercial use or distribution, nor may TFMJT Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Access is granted to this Website solely for your use of TFMJT services for personal entertainment, information, communication with TFMJT. You may download copy or print the content of this Website for your personal non-commercial use only. No right, title or interest in any of the Content of this Website is transferred to you as a result of any downloading, copying, printing or use of this Website. All such rights in TFMJT Intellectual Property not expressly granted by TFMJT are reserved.
You are not permitted to modify the paper or digital copies of TFMJT Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
Copyrights and Digital Millennium Copyright Agents
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Website. Our copyright agent is the law firm Greenberg Traurig. The agent can be reached by calling Lauri Thompson at: 702-938-6886 or via email at: email@example.com, or via U.S. Mail at: Lauri Thompson GREENBERG TRAURIG 3773 Howard Hughes Pkwy. Ste 500N, Las Vegas, Nevada 89169.
DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have 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
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. We will remove or disable access to the content that is alleged to be infringing;
2. We will forward the written notification to the alleged infringer; and
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from TFMJT, the alleged infringer will have the opportunity to respond to TFMJT with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to TFMJT’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which TFMJT may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
Commentary, testimonials, reviews, and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Our liability for losses you suffer as a result of us breaching this agreement, including deliberate breaches, is strictly limited to the purchase price of the Product you purchased.
(a) Disclaimers of Warranties and Limitations on Liability:
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless TFMJT, any parent corporation, its affiliates, and its and their 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 reasonable attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
Transfer of Rights and Obligations
These Terms and any Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, change, or otherwise dispose of these Terms or a Contract, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms or a Contract, or any of our rights or obligations arising under them, at any time.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Notice and Consent to Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. By using this Website, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
Law and Jurisdiction
Contracts for the purchase of Programs through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by governed by and construed in accordance with the laws of the state of Nevada, without regard to conflict of law provisions, and shall be subject to the non-exclusive jurisdiction of the courts of Las Vegas, Nevada.
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.