Last Updated: February 6, 2018
Please read these Terms of Service (the “Terms”) carefully as they govern your (“user(s),” “you” or “your”) access to and use of our website, www.luchacentral.com, (the “Site”) or other services (collectively, the “Services”) that link to or reference these Terms, and contain important information about your legal rights, remedies and obligations. By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with Masked Republic, LLC and its affiliates (the “Company,” “we,” “us” or “our”), a California limited liability company headquartered in Castro Valley, California.
Do not access or use the Services if you are unwilling or unable to be bound by the Terms.
PLEASE NOTE: SECTION 14 (DISPUTE RESOLUTION; BINDING ARBITRATION AND CLASS ACTION WAIVER) OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT APPLIES TO ALL USERS OF OUR SERVICES. SECTION 14 (DISPUTE RESOLUTION; BINDING ARBITRATION AND CLASS ACTION WAIVER) AFFECTS HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE.
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We may modify the Terms from time to time. The most current version of these Terms will be located at www.luchacentral.com. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by email. We will also indicate at the top of these Terms the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you. You understand and agree that your continued access to or use of the Services after the effective date of any modifications to the Terms indicates your acceptance of such modifications.
Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Content of the Services without the Company’s or our licensors’ express prior written permission. This includes but is not limited to scraping user locations or utilizing any non-public information about our Services or other users and migrating that data anywhere.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by the Company in the Company’s sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Services.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent but may be assigned or transferred by the Company without restriction. Any attempted assignment by you shall violate these Terms and be void.
In addition, to create an Account, the Company may require you to select a username and password. You acknowledge that you shall be responsible for ensuring that any username you select does not infringe any third party rights and is not otherwise unlawful. The Company may refuse to grant you a username in the Company’s sole discretion for any reason including if the proposed username impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by the Company in the Company’s sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and the Company reserves the right to revoke and/or reassign that username in the Company’s sole discretion. You understand and agree that the Company reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in the Company’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF SERVICES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE TERMS.
You agree to notify the Company immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
The Services include Content. “Content” consists of the software, code, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video and all other audio visual or other material appearing on or emanating to or from the Services. Content also includes user-generated Content (“UGC”), which consists of Account personas, forum posts, profile content, text, images posted to or otherwise made available on the Services by users.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law). Moreover, the Company reserves the right to determine what conduct the Company considers to be in violation of these Terms or otherwise outside the intent or spirit of the Services. The Company reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
The Company respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a summary of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, the Company will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to the Company’s Designated Copyright Agent identified in the notice below.
If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering the Notice to the Company’s Designated Copyright Agent. Upon receipt of a DMCA Notice of Alleged Infringement as described below, the Company will take whatever action, in the Company’s sole discretion, that the Company deems appropriate, which may include the removal of, or disabling of access to, the challenged material from the Services.
|DMCA Notice of Alleged Infringement (“Notice”)|
Deliver this Notice, with all items completed, to the Company’s Designated Copyright Agent:
Masked Republic, LLC
P.O. Box 2351
Castro Valley, CA94546
Email: DMCA@luchacentral.com (with the subject line “DMCA Notice of Alleged Infringement”)
In the event the Company, after receiving a proper DMCA Notice of Alleged Infringement, takes steps to remove or disable access to the challenged material, the Company will take reasonable steps to promptly notify the party who originally posted such challenged material to the Services (the “Posting Party”) that the Company has removed or disabled access to such challenged material. Provided the challenged material does not otherwise violate these Terms, the Posting Party may then dispute such DMCA Notice of Alleged Infringement by completing the following DMCA Counter-Notice and delivering the Counter-Notice to the Company’s Designated Copyright Agent. Upon receipt of a proper DMCA Counter-Notice, the Company will promptly provide the party who submitted the relevant DMCA Notice of Alleged Infringement (the “Reporting Party”) with a copy of such DMCA Counter-Notice and inform the Reporting Party that the Company will replace the removed material or cease disabling access to such material in 10 business days, and will thereafter replace the removed material and cease disabling access to such material not less than 10, nor more than 14, business days following receipt of such DMCA Counter-Notice, unless the Company’s Copyright Agent first receives notice from the Reporting Party that such Reporting Party has filed an action seeking a court order to restrain the Posting Party from engaging in infringing activity relating to the challenged material on the Services.
|DMCA Counter-Notice (“Counter-Notice”)|
Deliver this Counter-Notice, with all items completed, to the Company’s Designated Copyright Agent:
Masked Republic, LLC
P.O. Box 2351
Castro Valley, CA94546
Email: DMCA@luchacentral.com (with the subject line “DMCA Counter-Notice”)
Please note that pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that the Company enforces a policy of terminating the Accounts of, or banning, repeat infringers. A repeat infringer includes any user who has made two or more postings that the Company has removed or disabled access to pursuant to notices of infringement under these DMCA notice and takedown procedures.
You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at https://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against the Company and our users any claims and assertions of any moral rights that you may have with respect to such Feedback.
The Services may include links to other websites or applications (each a “Linked Third Party Site”). These Linked Third Party Sites are provided as a courtesy by our vendors to users of our Services.
The Company has no control over the Linked Third Party Sites or the materials, information, goods or services available or contained on Linked Third Party Sites or how your data and/or personal information is used by such Linked Third Party Sites. The Company is not responsible for, does not endorse, represent or warrant in any way the content, goods and/or services of Linked Third Party Sites, and the Company is not liable for any claim you may have regarding any content, goods and/or services of Linked Third Party Sites. Also, the Company is not responsible for any privacy or other business practices of such Linked Third Party Sites or any materials, information, goods or services available through such Linked Third Party Sites. If you decide to access any of the Linked Third Party Sites, you do so entirely at your own risk. The Company reserves the right to terminate any link to any Linked Third Party Site at any time.
You agree to indemnify, defend and hold the Company, the Company’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
PLEASE READ THIS SECTION 11 CAREFULLY SINCE THIS SECTION LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION 11. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
WE DO NOT RECOMMEND USE OF THE SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE OUR SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
WE WOULD LIKE TO REMIND YOU THAT THE ATHLETES OR WRESTLERS WHO PERFORM IN LUCHA LIBRE EVENTS OR ALTERNATIVE EVENTS WE CREATE THAT INVOLVING WRESTLING (THE “WRESTLERS”), ARE TRAINED SPORTS ENTERTAINERS. YOU SHOULD NEVER TRY TO EMULATE WHAT THE WRESTLERS DO IN ANY LUCHA LIBRE EVENTS OR OTHER WRESTLING EVENTS.
Any claims arising out of the Services or these Terms (including interpretation, claims for breach, and all other claims, including consumer protection, unfair competition and tort claims) will be subject to the laws of the State of California, United States, without reference to conflict of laws principles.
READ THIS SECTION 14 CAREFULLY. THIS SECTION 14 MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The AAA Rules and the AAA Consumer Rules are both available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.
We operate the Services through AWS Cloud Environment. Access to the Services from any territory where the Content is illegal is prohibited. The display of the Services alone does not subject the Company to jurisdiction in your location.
We reserve the right to stop making available any one or more of the Services, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the Services automatically ends when we terminate access to such Services. Any such action could prevent you from accessing your Account, the Services, Your Content, Services Content, or any other related information.