This Agreement sets forth the Standard Terms and Conditions that
apply to subscriber use of Xtreme Cartoon Co. (Wrestle Large). YOUR
USE OF THE Wrestle Large™ SERVICES INDICATES YOUR AGREEMENT
TO BE BOUND BY THESE TERMS OF SERVICE. These Terms of Service form
independent agreements between User and Wrestle Large™. The
Parties shall be liable to the other for any breach of these Terms
of Service, and User agrees that User's sole recourse in case of
such breach shall be against the breaching party.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and
abide by them if you choose to use the sites, play a game or accept
the products, services or benefits, to which such terms apply.
You agree to abide by all applicable local, state, national and
international laws and regulations and are solely responsible for
all acts or omissions that occur under your account or password,
including the content of your transmissions through RWrestle Large™'s
Web Sites, games or products.
CONTENTS OF MESSAGES
Wrestle Large™ does not, and cannot, monitor, censor or edit
the contents of Users' messages. Users alone are responsible for
the contents of their messages and the consequences of any such
messages. You agree that you will not use Wrestle Large™ for
chain letters, junk mail, spamming, solicitations (commercial or
noncommercial) or any use of distribution lists to any person who
has not given specific permission to be included in such a process.
You further agree not to use Wrestle Large™ to send any messages
or material that are unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise constitute a criminal offense,
give rise to civil liability or otherwise objectionable material
of any kind or nature or that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law or regulation.
Wrestle Large™ reserves the right to terminate User's account
if it becomes aware and determines, in its sole discretion, that
User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your
account name and password. You shall be responsible for all uses
of your account, whether or not authorized by you. You agree to
immediately notify Wrestle Large™ of any unauthorized use
of your account. If an email address is found at any time to be
invalid, that account will be removed from the system, rendering
it unusable. Users may be given an opportunity to delete their account,
relinquishing all benefits gained from the use of that account,
in order to start over.
The links on the Wrestle Large™ Web Site may let you leave
the Wrestle Large™ Web Site and other sites have links to
Wrestle Large™ games. You acknowledge that the linked sites
are not under the control of Wrestle Large™ and Wrestle Large™
is not responsible for the contents or operation of any linked site
or any link contained in a linked site, or any changes or any updates
of such sites. Wrestle Large™ is not responsible for web casting
or any other form of transmission received from any linked site.
Wrestle Large™ is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Wrestle
Large™ of the linked site or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Wrestle Large™ software,
you warrant to Wrestle Large™ that you will not use the Wrestle
Large™ software or Web Site for any unlawful purpose. In addition,
you may not link the Wrestle Large™ Web Site, or the game,
to any site containing content that is profane, defamatory, infringing,
obscene, indecent or otherwise unlawful or that contains material
or information that violate any applicable intellectual property,
proprietary, privacy or publicity rights.
RIGHTS GRANTED TO Wrestle Large™
posting messages, uploading files, inputting data, submitting any
feedback or suggestions, or engaging in any other form of communication
with or through any Wrestle Large™ Web Site, you warrant and
represent that you own or otherwise control the rights necessary
to do so and to grant Wrestle Large™ the licenses set forth
below. You hereby grant Wrestle Large™ and its affiliated
companies' permission to:
1. Use, modify, copy, distribute, transmit, publicly display, publicly
perform, reproduce, publish, sub-license, create derivative works
from, transfer, or sell any such communication.
2. Sub-license to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to the communication.
3. Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual
property or proprietary rights in such communication, including
but not limited to rights under copyright, trademark, service mark,
or patent laws under any relevant jurisdiction. No compensation
will be paid or due you with respect to Wrestle Large™'s or
its sub-licensee's use of the materials contained within such communication.
Wrestle Large™ is under no obligation to post or use any materials
you may provide, and may remove such materials at any time in Wrestle
Large™'s sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating
any agency, legal representative, partnership, or other form of
joint enterprise between the parties. Neither party shall have authority
to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE Wrestle Large™ SERVICE PROVIDED IS PROVIDED ON AN AS IS,
AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Wrestle Large™
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Wrestle
Large™ SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Wrestle Large™,
ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY
YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, WILL Wrestle Large™, OR ITS AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Wrestle
Large™ SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY
INFORMATION OBTAINED ON THE Wrestle Large™ SERVICE; OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES
OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO Wrestle Large™ RECORDS,
PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS
PROVISION WILL APPLY WHETHER OR NOT Wrestle Large™ IS GIVEN
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION
WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM
Wrestle Large™ AND ITS AFFILIATES. THE TERMS OF THIS SECTION
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Wrestle Large™ reserves the right to deny in its sole discretion
any user access to the Wrestle Large™ software, Web Site or
any portion thereof without notice. You are responsible for safeguarding
the confidentiality of your password(s) and user name(s) issued
to you by Wrestle Large™, and for any use or misuse of your
account or the Wrestle Large™ software or Web Site resulting
from any third party using a password or user name issued to you.
In the interest of software performance, the Wrestle Large™
database will occasionally be purged of inactive user accounts.
A free (non-Premium account) user account will be deemed inactive
if the user has failed to login to that account for a period of
Technical support is available online in the Wrestle Large™
user account area. Most technical support requests will be handled
within 72 hours.
You may periodically be instructed to Delete your browser cache
in order to download the latest version of the software. This may
be required in order to gain access to the full features of the
You will receive an electronic monthly newsletter from Wrestle Large™.
If you unsubscribe to this newsletter you will unsubscribe to the
game, regardless of whether or not you have paid.
Efforts have been made to prohibit profane user names, but you may
still see user names which you consider offensive.
You may post the game to your Web Site. This does not, however,
create a relationship between your Web Site and Wrestle Large™,
nor does Wrestle Large™ grant you any rights or warranties
in regards to the game.
You hereby acknowledge (i) that certain games played on Wrestle
Large™ require electronic files, including, but not limited
to, main game, components, statistics and points (Online Data),
be stored by the game for Your use when utilizing Wrestle Large™
to play these games online, You hereby agree and acknowledge that
Wrestle Large™ shall not have any liability to You for the
loss of Online Data for any reason whatsoever, including, but not
limited to server failure, telephonic interruptions of any kind,
defects, viruses or other harmful components, and negligent acts
of Wrestle Large™ and/or its affiliates.
When playing the game, the first 7 days is a free trial version
of Premium Wrestle Large™. Once the trial period expires,
you must pay a monthly subscription to access the Premium Wrestle
Large™ area that allows the user to save his/her wrestler
information/stats/hi-scores for the next login.
COPYRIGHT AND TRADEMARKS
All contents of the Wrestle Large™ software and Web Site are
proprietary to Wrestle Large™, and/or its suppliers and are
protected under Copyright. All rights are reserved. Wrestle Large™reserves
any rights not expressly granted herein.
Wrestle Large™ and/or third parties may, from time to time,
send e-mail messages to Users containing advertisements, promotions,
etc. Such e-mail will be sent to mailbox(es) as submitted by User
upon sign up. Wrestle Large™ does not make any representation
or warranty with respect to the content of any such e-mail messages
or any goods or services which may be obtained from such third parties,
and User agrees that Wrestle Large™ shall not have any liability
with respect thereto.
Wrestle Large™ may terminate this agreement and your access
to any or all Wrestle Large™ related services at any time,
with or without cause, effective immediately. Anyone determined
by Wrestle Large™ to have violated these Terms and Conditions
may be barred from playing the game, or from receiving any products,
services or benefits from Wrestle Large™.
Colorado law shall govern this Agreement, and any dispute arising
from the relationship between the parties to this Agreement, excluding
any laws that direct the application of another jurisdiction's laws.
In any litigation, arbitration, or other proceeding by which one
party either seeks to enforce its rights under this Agreement (whether
in contract, tort, or both) or seeks a declaration of any rights
or obligations under this Agreement, the prevailing party shall
be awarded its reasonable attorney fees, and cost and expenses incurred,
subject to the Limitation of Liabilities clause. The parties consent
to the exclusive jurisdiction and venue of the courts of the State
of Colorado or to any Federal Court located within the State of
The parties to this agreement agree to be governed by the laws of
Colorado which is the proper jurisdiction for any disputes, which
shall be resolved in arbitration before the American Arbitration
Association. The prevailing party from arbitration shall be entitled
to reasonable attorney's fees, which shall be set forth by the arbitrator(s).
Judgment upon the award rendered may be entered in any court in
the state of Illinois with jurisdiction. The decision of the arbitrator
shall be final and binding on the parties. The parties shall bear
equally all fees, costs and expenses of the arbitration, and each
party shall bear its own legal expenses, attorneys fees, and costs
of all experts and witnesses, provided, however, the arbitration
panel may apportion between the parties, as said arbitrator may
deem equitable, the cost incurred by either party.
If any provisions of this Agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that
by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and
enforced as so limited.
The terms of this Agreement apply to those obligations that survive
any cancellation, termination, or rescission, namely - confidentiality/non-disclosure,
warranty, indemnification, liability and limits thereon, rights
and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless Wrestle Large™,
Xtreme Cartoon Co. against any and all claims, losses, liability
costs and expenses (including but not limited to reasonable attorneys'
fees) arising from your violation of these Terms and Conditions
or any third-party's rights, (including, without limitation, infringement
of any copyright trademark, service mark, trade secrets, right of
privacy or publicity or any other third party right). The terms
of this section shall survive the termination of your relationship
with Wrestle Large™.
CONTACTING Wrestle Large™
You may contact us directly through the www.wrestlelarge.com Web
Unless otherwise specified herein, this Agreement constitutes the
complete and exclusive statement of the Agreement between the parties
regarding the products and services provided hereunder, and supercedes
any prior Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
Wrestle Large™ reserves the right to modify this policy at
any time and without advance notice, effective upon making the modified
provisions available on the Wrestle Large™ software or Web
Site. You are responsible for regularly reviewing these documents.
Continued use of the Wrestle Large™ software or Web Site after
any such changes shall constitute your consent to such changes.
Wrestle Large™ does not and will not assume any obligation
to notify you of any changes to the Terms of Support.
Last Updated on Nov 1, 2004.