Terms of Service

Effective date: 27/10/23

 

Welcome to the Fight Creative website,

accessible at https://www.fightcreative.com (referred to as the "Website"). This Terms of Use Agreement (hereafter referred to as the "Agreement") is a legal contract made and entered into between you and Fight Creative trading as Soul Investments pty ltd (hereinafter referred to as "FC", "Company," "us," "we," or "our"). This Agreement outlines the terms and conditions that govern your access to and use of the Website and any products, materials, or services offered through or on the Website, collectively referred to as the "Services."

Before you proceed to use the Website, we kindly ask that you thoroughly read and understand the terms and conditions of this Agreement. It is essential to be aware that this Agreement mandates the use of individual arbitration for dispute resolution, as opposed to jury trials or class actions, and it also restricts the available remedies in case of disputes.

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services. By utilizing or accessing the Services, you affirm your consent to be legally bound by the terms and conditions set forth in this Agreement on behalf of either yourself or the entity or organization you represent. If you disagree with the terms and conditions of this Agreement, please refrain from using or accessing the Services and promptly exit the Website.

1.2 Eligibility Requirements to Use or Access the Services. To make use of the Website or any of the Services, you must not be a competitor of FC or employ the Services for competitive purposes against the Company.

By accessing or using the Services, you guarantee that you fulfill all the eligibility prerequisites mentioned above. Furthermore, you assert that you possess the proper authorization, capacity, and authority to enter into this Agreement both on your own behalf and on behalf of the entity or organization you represent. In the event that you fail to meet these stipulated requirements, you are not authorized to access or use the Services.

1.3 Changes to this Agreement. FC retains the right to modify this Agreement at its sole discretion. Apart from changes required for legal or administrative reasons, FC will provide reasonable notice before such changes take effect. These alterations will govern your use of the Services from the date of their implementation and onward. For new users, the changes become effective immediately.

Your continued use of the Services following any modifications to this Agreement signifies your acknowledgment of these changes and your agreement to abide by the revised terms and conditions. It is advisable to check this page regularly to stay informed about any updates, as they are binding upon you.

2. Access to the Services

(a) Changes to Your Access and the Services. The Services may undergo modifications as FC evolves, refines, or introduces new features. FC reserves the right to amend, withdraw, or terminate the Services, either in part or in their entirety, without prior notice. You concur that FC will not be held liable for any losses or damages arising from the unavailability of the Services, in whole or in part, at any given time.

(b) Creating an Account. In order to access the Services or specific features, you may be required to register for an account and provide certain personal information. You must ensure that the information you provide is accurate, complete, and kept up-to-date. Different account types may be available for various users. If you link to the Services via a third-party service, you grant FC permission to access and use your information from that service, within the boundaries set by the service, for the purpose of storing your login credentials. All information you provide will be subject to our Privacy Policy. You consent to all actions taken with your information in accordance with our Privacy Policy.

(c) Account Responsibilities. It is your sole responsibility to safeguard the confidentiality of your account and password. You are also accountable for all activities associated with your account. Your account is intended for personal use, and you must not grant others access to the Services or any part thereof using your username, password, or other security information. Ensure that you log out of your account after each session, especially when using a public or shared computer, to prevent others from accessing or recording your password or personal information. Transferring your account to another person without FC’s prior written consent is not permitted. In case of actual or suspected unauthorized account use or any security breach, you must promptly inform FC. The Company will not be liable for any losses or damages arising from your failure to adhere to these requirements. You will be held responsible for losses or damages incurred by FC or any third party due to unauthorized use of your account or password by someone else.

(d) Termination or Deletion of an Account. FC retains the right to suspend or terminate your account at its sole discretion, for any reason or without specifying a reason. You have the option to delete your account at any time for any reason, following the instructions on the Website.

3. Policy for Using the Services

3.1 Prohibited Uses. The Services may only be used for lawful purposes as specified in this Agreement. You agree not to employ the Services in a manner that could harm the Services or FC business. The Services are exclusively for personal, non-commercial use and must not be utilized on behalf of or to benefit any third party.

3.2 Prohibited Activities. You also agree not to engage in any of the prohibited activities detailed in the subsequent sections while using the Services:

3.3 Geographic Restrictions. FC is based in Australia, and the Services are intended for use by individuals within the Australia. By choosing to access the Services from a location outside Australia, you assume full responsibility for complying with all applicable local laws. FC makes no representation that the Services or their content are accessible or suitable outside Australia.

4. Intellectual Property Rights

4.1 Ownership of Intellectual Property. You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and their content, features, and functionality (collectively referred to as the "Content"), are owned by FC, its licensors, or other providers of such material. The Content is safeguarded by U.S. and international intellectual property and proprietary rights laws. This Agreement and your access to the Services do not grant you any rights, titles, or interests in these intellectual property rights. All rights not explicitly granted in this Agreement are reserved by FC and its licensors.

4.2 License to Use the Services. During the term of this Agreement, FC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Content solely for personal, non-commercial use in accordance with this Agreement. The Content must not be used for any other purpose. This license becomes void upon your discontinuation of the Services or the termination of this Agreement.

4.3 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions:

4.4 Trademark Notice. All trademarks, logos, and service marks displayed on the Services belong either to FC or third parties. You are not permitted to use these trademarks, logos, or service marks without the prior written consent of their respective owners.

5. Assumption of Risk

The information presented on the Services is provided for general information purposes only. FC does not guarantee the accuracy, completeness, suitability, or quality of any such information. Your reliance on this information is entirely at your own risk. FC disclaims all liability and responsibility for any reliance on this information by you, other users, or individuals who may access its contents.

6. Privacy

For details regarding how FC collects, uses, and shares your information, kindly review our Privacy Policy. Your use of the Services constitutes your consent to the collection, use, and sharing of such information as detailed in the Privacy Policy.

7. Third-Party Links and Ads

The Services may include links to third-party websites, resources, services, and advertisements (collectively referred to as "Third-Party Links") for your convenience. FC does not endorse, approve, monitor, warrant, or make representations about Third-Party Links. FC has no control over the content, products, or services offered by Third-Party Links and assumes no responsibility for them or any losses or damages that may result from your use of these links. If you decide to access a Third-Party Link, you do so entirely at your own risk and in accordance with the terms and conditions of the respective link. It is recommended that you conduct any necessary investigations before engaging in transactions related to any Third-Party Link.

8. Termination

8.1 Termination. FC may suspend or terminate your access or usage rights for the Services at any time, with or without prior notice, and for any reason, at its sole discretion, including any violation of the terms of this Agreement. Upon termination, your right to access and use the Services will cease immediately. FC will not be liable to you for any suspension or termination of your rights under this Agreement, including account termination.

8.2 Effect of Termination. Upon termination of this Agreement, provisions that, by their nature, should endure termination shall remain in full force and effect. This includes ownership of intellectual property, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not absolve you of any pre-existing obligations or limit any liability you may have to FC or any third party.

9. No Warranty

THE SERVICES ARE OFFERED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FC AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

10. Limitation of Liability: To the fullest extent permitted by applicable law, under no circumstances shall the company, its affiliates, or their respective licensors, service providers, employees, agents, officers, or directors be held liable to you or any third party for any loss of use, revenue, profit, business, anticipated savings, data, goodwill, or diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages, whether arising from a breach of contract, negligence, or any other cause, regardless of foreseeability and whether or not the company was informed of the potential for such damages. This limitation of liability holds even if any agreed-upon or alternative remedies fail to serve their essential purpose. Please note that in some states, restrictions on certain damages may not apply to you.

To the fullest extent permitted by applicable law, irrespective of any conflicting provisions, the total liability of the company and its affiliates, including their respective licensors, service providers, employees, agents, officers, and directors, to you (regardless of the cause of action) shall be limited to the greater of one hundred ($100) dollars or the aggregate amounts paid to the company in the last six (6) months. As mentioned earlier, this limitation may not apply to you in certain states due to restrictions on specific damages.

11.Indemnification: You agree to indemnify, defend, and hold the company and its affiliates, along with their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively referred to as the "Indemnified Party"), harmless from any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of any kind, including reasonable attorneys' fees, fees, and other costs related to enforcing any right to indemnification under this Agreement. This also includes costs associated with pursuing any insurance providers. This indemnification pertains to breaches of this Agreement, your posting of any third-party content on this website, or your use/misuse of the services. The company retains the right, at your expense, to assume exclusive control and defense of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense or settlement of such claims.

Disputes: 12 Governing Law: All matters concerning this Agreement and those arising from it, whether contractual, tortious, or statutory in nature, are governed by and construed in accordance with the laws of the State South Australia, without considering conflict of law principles.

12.1 Dispute Resolution: Please carefully review this section, which outlines procedures for mandatory binding arbitration and a waiver of class actions.

Any dispute, claim, or controversy relating to this Agreement, its breach, termination, enforcement, interpretation, or validity, shall be submitted to and resolved through binding arbitration by a single arbitrator, following the rules of the Australian Law. The arbitrator's decision is final and enforceable in any competent court. The prevailing party in arbitration is entitled to reasonable attorneys' fees, expert witness costs, and other costs incurred in connection with the proceedings.

All arbitrations shall be conducted on an individual basis. You waive the right to a trial by jury, participation in class-action lawsuits or class-action arbitration, and any joint or consolidated lawsuits or arbitrations. If a court determines that applicable law precludes enforcing these limitations for a specific claim, that claim must be separated from arbitration and may be brought in court.

By agreeing to these terms, you acknowledge that you are waiving the right to a jury trial and class actions.

12.2 Limitation on Time to File Claims: Any cause of action or claim arising from this Agreement or the services must be initiated within one (1) year after the cause of action arises. Otherwise, the claim is permanently waived and barred.

13. Miscellaneous: Waiver: Except as stated in this Agreement, the company's failure to exercise or delay in exercising any right, remedy, power, or privilege shall not be considered a waiver. A single or partial exercise of any right, remedy, power, or privilege does not preclude future exercise of these rights.

13.1 Severability: If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or unenforceable, this shall not affect the validity or enforceability of any other provision in this Agreement or in any other jurisdiction.

13.2 Entire Agreement: This Agreement, along with all referenced documents, constitutes the complete agreement between you and the company regarding the subject matter herein. It supersedes all prior and concurrent understandings, agreements, representations, and warranties, whether written or oral, related to this subject matter.

13.3 Headings: Headings and titles in this Agreement are for convenience and do not affect the meaning of the provisions.

13.4 No Agency, Partnership, or Joint Venture: This Agreement does not create an agency, partnership, or joint venture between you and the company. You have no authority to bind the company in any way.

13.5 Assignment: You may not assign or delegate your rights or obligations under this Agreement without the prior written consent of the company. Any assignment or delegation in violation of this provision is null and void. The company may freely assign or delegate its rights and obligations under this Agreement. This Agreement is binding on both parties and their respective successors and assigns, subject to the limitations on assignment stated above.

13.6 Export Laws: The Services may be subject to Australian export control laws and regulations. You agree to comply with these laws and not transfer materials from the Services to foreign nationals or foreign destinations in violation of these laws or regulations.

Contact Information: For all feedback, comments, technical support requests, and other communications regarding the Services, please contact [email protected]