By accessing "Fists.com", you agree to be legally bound by the following terms mentioned below. If you do not agree to be legally bound by all of the following terms, then please do not access and/or use "Fists.com". We may change our terms at any time, however, we will inform you about our updated terms. For all the users, please review the "Terms and Conditions" section regularly.
As this Terms and Conditions section directs you to the usage of our website, products, and services that we incorporate into this section, please go through this page carefully to understand what services we offer. By accessing any of the Services, you accept these Terms and agree to be bound by them.
If you want to obtain permission for use of Fists.com content, please Contact Us. Any activity against this "Terms and Conditions" section, will be considered as a direct violation of our policy.
We may change these Terms and Conditions policy in the future, therefore, it is important to read this section carefully before you use any of our services. We encourage you to read this section periodically to stay updated with the latest changes to the Terms. If in case, you do not agree with any of the changes made to these Terms, we recommend you discontinue using the services. On the contrary, if you agree with the changes we make to our "Terms" section, you continue to be bound with using our services.
In either case, if you have any disagreement with any of the terms or claim against us, or we have any disagreement with your actions or claim against you, related to Services or Terms, we agree to resolve the dispute through informal negotiation. In case, we do not resolve the dispute through informal negotiation, the dispute shall be resolved through binding arbitration in small claims court in the U.S. country of your residence or in 21200 W Oxnard St,#429, Woodland Hills, ca 91367
In case, if none of us choose to resolve the dispute in small claims court or the small claims court, it governs the lack of jurisdiction to resolve the dispute/claim. The claim/dispute must be resolved solely and independently by binding arbitration. Class arbitrations and class actions are not allowed under any circumstances. This Section 2 shall allow termination of these Terms or any subscription you may have to any of the Services.
Before we both commence an arbitration or file a small claims court action concerning a Claim, we both agree to send a written notice of our Claims to each other. Here are a few things to remember before sending out claims and notices to each other:
1. The notice must be sent by certified mail.
2. It should be addressed to the legal department.
3. It must describe the nature of your Claim.
4. It must specify the damages or other relief you seek.
In case, if we both do not resolve the Claim within 30 days after receiving a Notice of Receipt of the Claim, either you or we may commence an arbitration or file a small Claim court action to settle the claim/dispute.
3. Additional Terms
These additional terms may apply to your use of certain Services. We offer these terms to you or we may post them on the Services to which they apply, and they are incorporated by reference into these Terms. In case, if there is a dispute between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Contests and promotions on the Services may also have additional rules and eligibility requirements, including certain age or geographic area restrictions. It is mandatory to mention that you are responsible for following these rules and requirements.
4. Registration and Access Controls
To set up a user account, we request you to provide registration information. You have to provide accurate and complete information. You are not allowed to access any age-restricted Services or content unless you fall under the required age slab. It is your responsibility to maintain the confidentiality of your user account login names and passwords. You must not allow anyone to use your account, and if you do, you solely will be responsible for any unauthorized activities. You will be responsible for all activities, charges, and damages that occur under your account. If you find that someone is using your account without your permission, you should Contact Us immediately.
5. Intellectual Property: License
Content like audio and video, photographs, text, graphics, logos, layouts, designs, interfaces, software, data, and other content associated with the "Services" are protected by intellectual property and other laws in the U.S. and other countries. You must follow all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not delete or change any copyright, trademark, or other legal notices marked on the Content. You are not allowed to transfer your ownership of the Content to anyone. We reserve all rights to the Services and Content, and if we find you doing anything against the policy, we shall take action against you. You are only allowed to access and view the Content for personal, non-commercial purposes following these Terms. You must not build a business or other enterprise utilizing any of the Content, whether for profit or not.
We may give you authority to redistribute certain Content on a personal, non-commercial basis. We shall identify the Content that you are authorized to redistribute and may describe ways you may redistribute it (including email, social media posts, blogs, etc.). If we find any unauthorized activity, we may revoke this authorization at any time. If you redistribute such Content, you must edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
You must acquire our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please Contact Us.
6. Legal Complaints
We acclaim intellectual property rights and if you believe that Content on the Services violates your copyright, please follow our procedures for making a copyright violation claim.
7. Acceptable Use
Without restricting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
a. Access the Services with another interface.
b. Continue using any link to the Services that we ask to remove, at our sole discretion.
c. Actions like threatening, defaming, stalking, abusive, or harassing people, or get engaged in any illegal activities would be considered as a criminal offense.
d. Access any Services or content that we do not permit you to access.
If you violate any of the Terms, under Section 11, we may terminate your access to the Services without notice. We may take any legal action.
Access to Services and Accounts
We are allowed to take any of the following actions at our sole discretion at any time without giving you prior notice:
a. Change or discontinue the Services (if we find any unauthorized activities)
b. Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge).
c. Delete Content from the Services.
d. Restrict, suspend or terminate your access to one or more Services or features thereof.
e. Deactivate your account(s) and delete all related information and files in your accounts.
8. Disclaimers; Limitation of Liability
WE DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE.
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
FISTS.COM WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE FISTS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FISTS.
If you do not agree to the aforementioned "Terms and Conditions", you should immediately stop using the Services. If you want to delete your account on a Service, please Contact Us.
Sections 2, 7, and 11-17 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue the services.