Please carefully read these Terms of Use, along with the Privacy Policy and other policies or agreements referenced in these Terms of Use, before using the IMPACT Plus digital entertainment Service. By using the Service, you agree to these Terms of Use, including without limitation, the arbitration agreement and class action waiver described in paragraph 23 below. IMPACT Plus is a digital entertainment service (the “Service”) provided by Anthem Wrestling Exhibitions or an entity affiliated to or licensed by it (“IMPACT Plus”). The Service enables our members to browse our catalogue, watch events, television shows, video content and/or other digital entertainment content over the Internet on compatible Internet connected TVs, computers, mobile phones, tablets and other devices. These Terms of Use (the “Terms of Use”) set forth the legal terms and conditions governing your use of the Service. Your use of the Service confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you acknowledge that you have no right or license to access or otherwise use the Service. Before using the Service, please review the related Privacy Policy and End User License Agreement, both of which are hereby by reference incorporated herein. Your use of certain products offered through the Service may require you to accept additional terms and conditions that apply to those products in addition to these Terms of Use. In the event of a conflict or inconsistency between such additional terms and these Terms of Use, those additional terms will prevail with respect to your use of that particular product

1. Eligibility

The Service is intended solely for users who are eighteen (18) years of age and older. Individuals who are under the age of eighteen (18) may access the Service only with the knowledge and consent of a parent or legal guardian, under such person’s Account, and otherwise in accordance with these Terms of Use. Certain parts of the Service may be subject to heightened age and/or other eligibility requirements.

2. Account Registration

Certain parts or features of the Service may require you to create a membership account (“Account”). To create an Account, you will be required to create a user name and password, provide certain personal information about yourself (together, “Registration Information”), and provide a valid credit card or other accepted method of payment (a “Payment Method”). By providing the Payment Method, you represent and warrant that you are authorised to use such Payment Method. The Payment Method and other billing information that you submit (“Personal Billing Information”) is a subset of your Registration Information. Your Personal Billing Information may be collected by an independent third party selected by, but not affiliated with, IMPACT Plus (the “Payment Processor”). The use of your Personal Billing Information will be used by IMPACT Plus in accordance with its Privacy Policy, but the use of your Personal Billing Information by any Payment Processor will be governed by such Payment Processor’s own independent privacy policy, and in the event the Payment Processor fails to comply with its own privacy policy or experiences a data breach that affects any of your Personal Billing Information or other data, IMPACT Plus will in no way be responsible or liable to you for such activity. You agree that you will not provide any false personal information to the Service, or create an Account for anyone other than yourself without permission. You will also not create more than one personal profile, and if you select a username for your Account, we reserve the right to remove or reclaim it if we believe appropriate (such as if a trademark owner complains about a username). If you register with the Service, you are responsible for maintaining the confidentiality of your password and for restricting access to your compatible devices so that others may not access the password protected portion of the Service. To provide our members with easy access to their Accounts, IMPACT Plus may implement technology that recognises you or your device and provides you with direct access to your Account without having to login or type in your password or other Account identifier. Take care in enabling this technology. You accept responsibility for all activities and transactions that occur under your Account, regardless of how it is accessed. Your Payment Method will be charged on a recurring basis until you duly cancel your membership before the next billing cycle begins or IMPACT Plus terminates it. Membership fees are fully earned upon payment. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY-USED MEMBERSHIP PERIODS. We reserve the right to adjust the pricing for the Service at any time in our sole discretion. By providing a Payment Method, you authorise IMPACT Plus (or its Payment Processor) to charge the recurring membership fee at the then current rate. Your IMPACT Plus membership may begin with a free trial. You are allowed only one free trial period. We will begin billing your Payment Method for membership fees at the end of the free trial period. We may authorise your Payment Method as soon as you register. In some instances, this authorisation may reduce your available balance or credit limit during the free trial period. When you set up an Account, you consent to receive communications from us electronically, and any agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

3. Licence to the Service

IMPACT Plus grants members of the Service whose Accounts are in good standing a revocable, non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Service and privately view the materials thereon for your personal, non-commercial use only, provided that you comply fully with these Terms of Use and the End User License Agreement. You shall not interfere (or permit the use of your membership by a third party to interfere) or attempt to interfere with the operation or use of Service by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Use. You understand that some of the Material that is available on the Service may be protected by security technology, and you agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology. IMPACT Plus may, in its sole discretion, and at any time, with or without notice, suspend, disable or terminate your membership (free or paid), and/or access to all or any part of the Service at any time, with or without prior notice, for any reason or no reason at all, without liability. If we terminate your membership or disable your Account, you agree that you will not create another one or otherwise try to access the Service without our permission. You agree not to sell, transfer or assign your membership or any membership rights.

4. Changes to Service and/or Terms of Use

IMPACT Plus reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Service or these Terms of Use, in whole or in part, at any time without further notice. For changes to these Terms of Use that we deem material, we will place a notice on the website that hosts the Service by revising the link on the homepage to read substantially as “Updated Terms of Use” for a reasonable amount of time. If you access the Service through a mobile device, such changes may also be communicated through updated versions of the Service software, which you consent to receive without further notice. If you access or use the Service in any way after the Terms of Use have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes.

5. Trademarks, Copyright & Restrictions

The Service and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyright, logos, domain names, code, patents and/or any other form of intellectual property (together, the “Material”) that relate to the Service (other than “User Content” as defined herein) are owned by or licensed by IMPACT Plus or other third parties and are protected from any unauthorised use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by IMPACT Plus, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Use or on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of IMPACT Plus or such third party that may own the Material or intellectual property displayed on the Service. UNAUTHORISED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms of Use will violate these Terms of Use and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of these Terms of Use by others that you become aware of. You are advised that IMPACT Plus will aggressively enforce its rights to the fullest extent of the law.

6. Content

IMPACT Plus may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Without limiting the generality of the foregoing, IMPACT Plus may continually update the Service, including changing the content library without notice. The composition of the content library and other Material offered at the time you register for the Service may not reflect the content library that will be offered throughout your membership and should not be relied upon. In addition, some Material may be subject to limited access windows, and once the access window for particular Material ends, you will no longer have the ability to access that Material. Finally, the number of devices on which you are simultaneously authorised to access the Service may be limited. IMPACT Plus may test various aspects of the Service by, for example, offering different pricing, different content, different service levels or plans, and other promotional features. IMPACT Plus reserves the right to include you or exclude you from such tests without notice. THE SERVICE CONTAINS MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. SOME CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION RATINGS/CONTENT ADVISORIES. HOWEVER, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. Such content is intended for those persons over the age of 18, or those persons who have received consent from a parent or legal guardian. HD content and Ultra HD content availability depends on your Internet service and device capabilities. IMPACT Plus makes no representation or warranty about the quality of the viewing experience on your display device.

7. Software

From time to time, and at its sole discretion, IMPACT Plus may make available to users certain software that may be accessible or downloaded from this Service. In the event you access or download software from this Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (together, the “Software”) are licensed to you by IMPACT Plus or a IMPACT Plus-approved third party software provider (“Third Party Provider”). IMPACT Plus does not transfer title to the Software to you. IMPACT Plus (or such relevant Third Party Provider, as applicable) retains full and complete title to the Software, and all intellectual property rights therein. For purposes of these Terms of Use, such Software shall be included in the definition of “Materials”. Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other Terms of Use set forth by such Third Party Provider for its Software.

8. Unsolicited Submissions

IMPACT Plus is pleased to hear from its members and welcomes your comments regarding its Service. Unfortunately, however, IMPACT Plus’ long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials, including but not limited to stories or character ideas, screenplays or original artwork. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by IMPACT Plus’ or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings or original artwork that you expect to be compensated for or that you would like to keep private. If you send or post certain specific submissions at our request (e.g. via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (“Submission(s)”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph, all User Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of IMPACT Plus, and IMPACT Plus shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by IMPACT Plus without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. IMPACT Plus shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Service or IMPACT Plus, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the Service and/or IMPACT Plus will not be acknowledged or returned. You agree and understand that IMPACT Plus is not obligated to use any Submission you make to the Service or IMPACT Plus and you have no right to compel such use. You hereby acknowledge and agree that your relationship with IMPACT Plus is not a confidential, fiduciary or other special relationship, and that your decision to submit any material to IMPACT Plus does not place IMPACT Plus in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that IMPACT Plus has wide access to ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted to it or being developed by IMPACT Plus’ own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of IMPACT Plus’ use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of IMPACT Plus’ actual or alleged exploitation or use of any material you submit to the Service and/or IMPACT Plus, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this Paragraph.

9. Linked Sites

The Service may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software and other content originating from third parties (together, “Third Party Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Software or Content. Such Third Party Sites and Third Party Software or Content are not monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Service or any Third Party Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Software or Content. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES OR THIRD PARTY SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

10. Applications

Without limiting the generality of the previous Paragraph, you may encounter third-party software applications (including, without limitation, mobile applications, widgets, plug-ins or other software utilities) (“Application(s)”) that interact with the Service. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose to use an Application, you do so at your own risk. Such Application may interact with, connect to, import, gather and/or pull information from and to your Account on the Service. IMPACT Plus offers these Applications solely as a convenience to you, and IMPACT Plus is not responsible for and does not endorse the content or functionality of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY IMPACT PLUS. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Account, you are consenting to the information about such Account (including without limitation your content viewing history or recommendations) being shared through social media Accounts or other communication platforms for others to see; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if IMPACT Plus has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold IMPACT Plus harmless for the sharing of information that results from your use of an Application. IMPACT Plus DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

11. Forums and Public Communications

As a convenience to its visitors, IMPACT Plus may provide, from time to time and at its sole discretion, one or more chat areas, message boards, bulletin boards, e-mail functions, instant messaging service, voice-mail and other interactive areas as part of the Service (together, “Forums”). Forums are provided by IMPACT Plus subject to these Terms of Use, the “Community Guidelines” (as defined below), the Privacy Policy, and other rules that may be published from time to time by IMPACT Plus in its sole discretion. The individual who posts messages, content or other information in the Forums (together, “User Content”) is responsible for the reliability, accuracy and truthfulness of such content, and IMPACT Plus has no control over the same. Additionally, IMPACT Plus has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material. IMPACT Plus does not endorse the User Content in the Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum. IMPACT Plus does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Forums. Information disclosed in the Forums is revealed to the public by design. IMPACT Plus reserves the right, but not the obligation, to delete, move or edit User Content, in whole or in part for any reason in IMPACT Plus’ sole discretion. In addition, IMPACT Plus may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of IMPACT Plus or to protect the safety of our users or the public. In no event does IMPACT Plus assume any obligation to monitor the Forums or remove any specific material. You understand that the uploading to and/or posting of any User Content in any Forum shall not be subject to any obligation of confidence on the part of IMPACT Plus, and IMPACT Plus shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting IMPACT Plus’ other rights and remedies, individuals who violate the following Community Guidelines may, at IMPACT Plus’ sole discretion, be banned from using the Forums and/or the Service entirely.

12. Registration and acceptance of Community Guidelines

In consideration for your use of the Forums, you agree to comply with these Terms of Use and the “Community Guidelines” set forth below. Users who violate these Terms of Use, the Community Guidelines, or provide inaccurate, false or non-current Registration Information may, at IMPACT Plus’ sole discretion, have their Account suspended or terminated, and may be permanently banned from using any Forum or the Service. ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF USE AND YOUR COMPLIANCE WITH THE FOLLOWING GUIDELINES (THE “COMMUNITY GUIDELINES”) FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE OR THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY FORUM. Guidelines for Use of the Forums You are entirely responsible and liable for all activities conducted by you and any authorised user of your Account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in IMPACT Plus terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:

  1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
  2. Transmit any User Content in any Forum that IMPACT Plus considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
  3. Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
  4. Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, a IMPACT Plus official, chat or message board leader, guide or host, or make false or misleading statements;
  5. Disrupt the normal flow of dialogue in a IMPACT Plus chat room or otherwise act in a manner that negatively affects other participants;
  6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
  7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;
  8. Invade the privacy or violate any personal or proprietary right of any person or entity;
  9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
  10. Use the Service in any manner that could damage, impair, disable, overburden or harm the Service or circumvent the intended functionality of the Service;
  11. Collect information identifying users of the Service by electronic or other means without authorisation from the person(s) affected;
  12. Upload, post, transmit, send, share, store, distribute or otherwise make available on the Service any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and
  13. Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment. By posting or uploading User Content to the Service, any Forum or submitting any other User Content to IMPACT Plus, you automatically grant (or warrant that the owner of such rights has expressly granted) IMPACT Plus a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Service or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute or otherwise make available on the Service complies with each of the foregoing Community Guidelines.

13. User Disputes

You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

14. Promotions

From time to time, the Service may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Service may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

15. Non-United States Residents

IMPACT Plus operates the Service in the United States. IMPACT Plus makes no representation that the Materials, including media offered for download or rental through the Service and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Service from locations outside the United States you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Jurisdictional Issues

The Service is controlled and operated by IMPACT Plus from its offices within the United States. IMPACT Plus makes no representation that materials in the Service are appropriate or available for use in other locations. Software from this Service is further subject to United States export controls. No software from this Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Termination

You understand and agree that IMPACT Plus may, in its sole discretion and at any time, terminate your password, Account or use of any Forum, and discard and remove any User Content posted or submitted by you to any Forum, and/or prohibit you from accessing the Service, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that IMPACT Plus may take any one or more of these actions without prior notice to you. Should IMPACT Plus take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted User Content. You understand and agree that IMPACT Plus shall not have any liability to you or any other person for any termination of your access to any Forum and/or the removal of information concerning your Account. IMPACT Plus will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Service and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms of Use shall be of any force or effect unless formally posted or made in writing and signed by a duly authorised officer of IMPACT Plus. Upon termination of your membership or access to the Service, or upon demand by IMPACT Plus, you must destroy all materials obtained from the Service and all related documentation and all copies and installations thereof. You are advised that IMPACT Plus will enforce its rights to the fullest extent of the law.

18. Disclaimer

The Service may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. IMPACT Plus assumes no responsibility for any delays, interruptions, errors, defects, omissions or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorised access to, user communications. IMPACT Plus is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Service, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. THE SERVICE, THE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMPACT Plus DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMPACT PLUS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE, MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. IMPACT Plus DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT IMPACT Plus) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

19. Limitation of Liability

YOU AGREE THAT IMPACT Plus AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (TOGETHER, THE “IMPACT Plus PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SERVICE, THE MATERIAL, THE FORUMS OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SERVICE, EVEN IF THE IMPACT Plus IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE SERVICE (TOGETHER, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IMPACT Plus’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1000. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms of Use to release fully, finally and forever all Released Matters under these Terms of Use. In furtherance of such intention, the releases set forth in these Terms of Use shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. IMPACT Plus makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Service and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by IMPACT Plus. Views and opinions of users of the Service do not necessarily state or reflect those of IMPACT Plus. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Service. The Internet may be subject to breaches of security. IMPACT Plus is not responsible for any resulting damage to any user’s computer from any such security breach or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the Internet. IMPACT Plus makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Service.

20. Linking Policy

If you link to the Service, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorised representative of IMPACT Plus. The link to this Service must not damage, dilute or tarnish the goodwill associated with any IMPACT Plus names and/or intellectual property, nor may the link create the false appearance that your website and/or organisation is sponsored, endorsed by, affiliated and/or associated with IMPACT Plus. You may not “frame” the Service or alter its intellectual property or Material in any other way. You may not link to the Service from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libellous, defamatory, scandalous or inflammatory or is otherwise deemed inappropriate, as determined by IMPACT Plus in its sole discretion. IMPACT Plus reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that IMPACT Plus deems to be inappropriate or inconsistent with or antithetical to the Service and/or these Terms of Use. IMPACT Plus is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Service may be linked or from which this Service may be accessed.

21. Copyright Notice

If you believe that any Content appearing on the Service or in any Forum has been copied in a way that constitutes copyright infringement, please forward the following information to support@impactwrestling.com:

  1. Your name, address, telephone number and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
  5. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. By this filing, IMPACT Plus seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere in the law.

22. Indemnification

BY USING THE SERVICE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE IMPACT PLUS PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THIS SERVICE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR IMPACT Plus’ USE OF YOUR REGISTRATION INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN IMPACT Plus’ DEFENSE OF ANY CLAIM. IMPACT Plus RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF IMPACT Plus.

23. Miscellaneous

These Terms of Use, along with the Privacy Policy, End User License Agreement and any other policies expressly incorporated into these Terms of Use by reference, constitute the entire agreement between you and IMPACT Plus with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the us with respect to the subject matter hereof. These Terms of Use may not be amended, nor any obligation waived, without IMPACT Plus’ written authorisation. Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or of any other provision thereof. These Terms of Use shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. By using the Service in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against you may have against the IMPACT Plus Parties arising out of, relating to, or connected in any way with the Service or the determination of the scope or applicability of these Terms of Use to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honour claims of privilege recognised at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable IMPACT Plus Party’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any IMPACT Plus Party; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any IMPACT Plus Party exceed $150 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, IMPACT Plus agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, IMPACT Plus will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of sub-clause (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, sub-clause (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor IMPACT Plus shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

For any questions, suggestions, or concerns related to Terms of Use, please email us at: support@impactwrestling.com © Anthem Wrestling Exhibitions. All rights reserved. Last Revised 22 April 2019.

IMPACT PLUS PRIVACY POLICY

IMPORTANT – PLEASE READ CAREFULLY

IMPACT Plus believes that your privacy is very important. IMPACT Plus respects the privacy of all the users of the IMPACT Plus service and all data and personal information provided by a user will be treated as confidential. WE WILL NEVER SELL YOUR DATA TO THIRD PARTIES and our business model is not direct marketing. The information we collect is solely used for operating and improving our processes and the IMPACT Plus services.

Our Privacy Policy is based on the following principles:

1. Right to update, change or remove data

Changing or removing personal information will be possible via your IMPACT Plus account. Please note that certain information cannot be removed due to its necessity for the IMPACT Plus service and/or IMPACT Plus’ administration responsibilities. You are at all times entitled to change your personal information.

2. Restricted use of information and cookies

Other than the information you have provided to IMPACT Plus, IMPACT Plus also stores certain information for the use of the IMPACT Plus service, administration and the billing and remuneration process. This information may include: your I.P. address, accessed and/or sold content, referrals, votes and other actions you have made using the IMPACT Plus service. To store some of this information IMPACT Plus makes use of cookies. Information stored by IMPACT Plus will not be traced back to a personal user other than is needed for administrative purposes and the billing and remuneration process.

3. Never sell customer data

IMPACT Plus WILL NOT SELL your personal information and data to any third party. We also don’t sell or share user data for marketing purposes without consent. Personal data will only be made available to a third party if, and in so far as, is needed for providing you with, or for improving, the IMPACT Plus service. At the present time, IMPACT Plus may share your personal information its payment processing service and/or Paypal if, and in so far as, this is needed for the correct completion of the payment process. This information can include: user name, last name, registered email, purchase date, price of the item bought. IMPACT Plus may also share certain personal information with content publishers and similar entities in order for them the best deliver their service to you. This information can include: username, purchase date, content ID purchased, registered email and purchase price. Third parties are at all times obliged to respect the confidentiality of your personal information and data. Third parties are not allowed make use of your data for marketing purposes except if you have explicitly authorized them to do so.

4. Clear opt-in policy

Only if you have permitted IMPACT Plus to use your personal information to inform you about the IMPACT Plus service or otherwise is IMPACT Plus allowed to do so. If you no longer wish to be informed by IMPACT Plus, you can change your account’s privacy setting.

If you have questions regarding the IMPACT Plus Privacy Policy, we would be pleased to answer them. By using the IMPACT Plus service you agree with the use of your personal information and data in accordance with the IMPACT Plus Privacy Policy.

Who is Chargify?

“[Our] monetization partner Chargify (“Chargify”) handles the management of access to content and/or subscriptions and payment and billing on our behalf. For this purpose, Chargify will act as the merchant of record on our request. The services of Chargify are subject to the terms and conditions of Chargify, which are hereby incorporated, please refer to https://www.chargify.com/service-terms/.”

IMPACT PLUS BROADCASTER PRIVACY POLICY