TERMS AND CONDITIONS
YOU ACKNOWLEDGE AND AGREE THAT BY SUBSCRIBING TO THE SERVICE, YOU AS A TEAM/BUSINESS OWNER OR MANAGER ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS BELOW.
1.0 Who are we?
2.0 Legal Effect
- If the Owner is a company, partnership or other entity, the person who uses the Site or agrees to the terms of this Agreement, on behalf of that Owner, represents that they have the authority to bind the entity to the terms of this Agreement.
- Montillas does not authorize anyone to register with the Site unless they are able to enter into legally binding contracts.
2.1 VARIATIONS OF AGREEMENT
Montillas may revise this Terms and Conditions at any time by posting an updated version to the Site. You should visit the Site periodically to view the most current Terms and Conditions, because it is legally binding on you.
2.2 EFFECT OF VIOLATION OF AGREEMENT
Owners who violate the terms of this Agreement may have their access and use of the Site suspended and their Listings removed from the Site, at Montillas discretion.
2.3 THE SITE IS A LISTING DIRECTORY ONLY
This Site is a directory and events listing which allows Owners to:
- Advertise one or more events, bare knuckle promotions, gyms, bare knuckle fighters, ie (each a “Listing”) for term chosen by owner.
- We may also offer online communication tools or services to allow Owners and Users to communicate with each other directly on the site.
- The Site provides a platform for users to interact, and Montillas does not act as your agent in relation to properties, products or services that you advertise on the Site.
2.4 NO CONTRACTURAL RELATION BETWEEN MONTILLAS, OWNERS OR USERS
- Montillas is not a party to any rental or other contractual relationship between you and a User or any other third party, even if the Site facilitates communication between you, the User or any Third Party.
- Montillas does not mediate between the User or Third Party and the Owner in the event of any dispute arising between them. You enter into any transaction with a third party entirely at your own risk
3.0 Purchasing a Listing
Owners can agree with Montillas to place a paid listing or a free listing (conditions apply) on the Site for each specific property (each, a “Listing”).
3.1 LISTING CATEGORIES
BKFights.com offers four (4) listing categories:
- BARE KNUCKLE ORGANIZATIONS (Promotions and Leagues of bare knuckle)
- BARE KNUCKLE FIGHTERS
- SPORTS FACILITIES (Sports Facilities focused on bare knuckle)
- MANAGEMENT (Managers and agencies catering to bare knuckle )
- EVENTS (Tournaments, showcases and tryouts for bare knuckle)
- BUSINESS DIRECTORY (All other bare knuckle Related Businesses)
4.0 The Listing Process
- The following is the process Owners will go through for each Listing:
a). Choose your plan.
b). Complete the Listing form with your business listing details.
c). Preview and edit your listing.
d). Pay & Publish.
e). Provide Business ID (at Montillas discretion):
(i) Copy of Business or Residential property proof of ownership. This needs to be a document testifying you own the property you are listing (E.g. Council rates notice). Please note a utilities bill is not sufficient.
(ii) The address must match the business/residential address.
(iii) Other verifications include email address, phone number, Facebook Page.
- Your Listing will appear in search results once it has been verified and approved by Montillas.
- Once approved, you will receive an email with instructions on how to claim your Listing page and be issued with an Admin login.
- Invoices will be issued online as well as emailed. Payment options will be PayPal and Stripe.
4.1 USING THE SERVICE
- Upon registration, an Owner is given a user profile in which the data the Owner contributes is recorded and in which all the Property rentals and businesses offered by that Owner are specified (“Owner Admin”).
- Owner Admin provides various functions which are intended to assist Owners to manage their property and business listings through the Site, including a dashboard. These functions, and Owner Admin, are made available on an as-is basis, and Montillas does not undertake that the dashboard or its functions will be complete or error-free.
5.0 Listing Pricing Plans
5.1 PROMOTIONAL AND FREE LISTING OFFERS
- Montillas may offer a free basic listing to owners.
- Montillas may offer promotional discounted listings to new businesses wishing to list their service on the Site.
5.2 FREE EVENT LISTING
Montillas offer free event listings for tournaments, showcases, and team tryouts.
5.3 PAID LISTING PLANS
- Recurring month (30) days listing plan
- Twelve (12) month listing plan
- Basic get started with unlimited listing plan (FREE)
Fee structure of Paid Listing plans are available on our website. A Paid Listing plan entitles Owners access to the additional services. All prices and fees are quoted in US dollars unless otherwise stated and subject to change at any time.
- Payments to Montillas for Listing Plan fees can be made by PayPal or Stripe. All banking and other fees relating to a payment shall be borne by the Owner.
- Recurring payment is a per month auto renewal payment made by Stripe according to the selected plan.
- Payment is a one-time upfront payment according to the selected plan.
- All prices/fees are quoted in US Dollars unless otherwise stated and subject to change at any time.
RECURRING PAYMENT PLAN AND CANCELLATION
In order to prevent a recurring auto renewal of your subscription, you must cancel your subscription through your account dashboard or by contacting customer service at [email protected] before the beginning of your next monthly billing period. You will be billed in full for the monthly billing period in which you cancel.
5.5 CANCELLATIONS AND REFUNDS
A listing may be cancelled at any time. A refund will be calculated on a pro rate basis on the number of days already used within the plan less a US$25 account processing fee.
Listings and listing fee arrangements are non-transferable.
5.6 SUSPENSION AND REMOVAL OF LISTINGS AND PAID PROMOTIONS
- Montillas reserves the right to remove or refuse to publish any Listing at any time in its sole discretion.
- The Owner can also suspend or remove their Listings at any time, through the BKFights.com dashboard. Owner, Admin or by contacting customer service [email protected].
6.0 Additional Paid Promotional Services
- Montillas makes available, and may from time to time add to or remove, additional paid promotional services to Owners (“Additional Paid Promotional Services”).
- Information about current and upcoming Additional Paid Promotional Services can be found on the Site.
- Each Additional Paid Promotional Service may be subject to additional terms and conditions which will be available to the Owner at the time when the Owner agrees to take the relevant Additional Paid Service.
6.1 PREMIUM LISTING ADVERTISEMENTS
- Montillas provides Owners with the opportunity to pay for Premium Advertisements to promote their Listing.
- All prices/fees are quoted in US Dollars unless otherwise stated and subject to change at any time.
6.2 PROMOTIONAL ADVERTISING ON THE BKFIGHTS.COM BLOG PAGE
- Montillas provides Owners with the opportunity to pay for Promotional Advertising within our Blog page covering News, Events and Offers.
- Owners can promote their Listing in this area of the Site with up to 800 words, 4 photos, a URL link, a share to social media link and a comment form for users (comments to be approved by our moderators before publishing).
- All prices/fees are quoted in US Dollars unless otherwise stated and subject to change at anytime.
7.0 Accuracy and consistency of listing Information by the Owner
- The Owner commits to provide only accurate and up to date information in each Listing and Promotion (including the description, availability, rates and cancellation policy), and shall not impose different conditions on the User than those set out in the Listing.
- Montillas reserves the right to decline to place, amend, or remove, any Listing that appears, in Montillas discretion, to infringe, be capable of infringing, or be associated with the infringement of, any provision of this Agreement, any applicable law or regulation or the intellectual property rights of Montillas or a third party.
- Montillas may also amend your Listing to improve the quality of your Listing.
7.1 SORT RESULTS AT SEARCH
- The results of searches for Listings depend on Montillas algorithms and may vary from time to time. As a result, Owners may notice ongoing fluctuations in their Listing’s position in search results.
- v provides no guarantee on any position within search results.
- Listings may be displayed on other sites of affiliates of Montillas (including affiliates in other countries) (collectively referred to as “Montillas Affiliates”), and on the sites of companies with which Montillas may have signed distribution agreements, to the extent that such sites enable online payments and at Montillas’ sole discretion.
- Montillas may add or remove such distribution at any time, and gives no guarantee of publication other than on the Site where Owner originally registered its Listing.
9.0 Owner Reviews
- Through Owner Admin, the Owner has access to BKFights.com reviews for the Owner’s Listings.
- Users may post their own reviews of Owners’ Listings (“User Reviews”) on the Site. The Owner is given the opportunity to view User Reviews, and to respond to them (an “Owner Response”).
- Please note that Montillas does not verify the accuracy or otherwise of User Reviews.
- The Owner’s sole remedy, and Montillas sole obligation, in the event that an Owner disputes any aspect of a User Review is to permit the Owner to post an Owner Response to it.
- Montillas requires all User Reviews, Owner Responses and other communications to conform to the Montillas Content Guidelines (hyperlink).
- May decline to post any of them that Montillas finds does not do so.
- In the event that any User Review or Owner Response appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, Montillas shall be entitled immediately to remove from the site the relevant non-conforming User Review or Owner Response.
10.0 Retention of Messages and Other Information
- Montillas may, from time to time, use Third Party email servers to send and track receipt of emails, and analyze the pattern of emails sent using third party tracking systems.
- Montillas system does not hold messages indefinitely and they may not be accessible after the message has been delivered.
- Any email addresses, phone numbers, social media account information or other contact details included within messages monitored by Montillas or using Montillas platforms or systems may be removed by us.
- Montillas has no responsibility for, or involvement in, the communications between Owners and Users.
- Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.
11.0 Google Maps
- Montillas offers the possibility to link Listings to Google Maps.
- The Owner must confirm that the address indicated for the relevant Listing is correct on Owner Admin, and must separately agree to Google’s relevant terms and conditions.
- The Owner accepts that Google Maps is provided under Google’s terms and conditions and Montillas will not be responsible for the functioning, accuracy or otherwise of Google Maps.
- The Owner acknowledges and accepts that the Google Maps service is not error free and the Owner will ensure that the correct location of the Property is shown by Google Maps when using this service.
12.0 Google Analytics
- Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube.
- Owner accepts that Montillas has no control over Google’s data collection.
13.0 Termination of contract
- If Montillas determines, or an allegation or complaint is received, that:
a). Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;
b). an Owner has submitted unsuitable material to, or misused, the site;
c). an Owner’s Listing or rental practices are unacceptable or unfair or engages in any practice that would be considered unfair or improper within the holiday rental and hospitality and tourism industry;
d). the Owner is in material breach of this Agreement (which shall include any breach of clause 14 ‘Rights and obligations of Owner’ or clause 16 ‘Prohibitions’ of the Listing Agreement) any other obligations owed to Montillas, any Montillas Affiliate or a User;
e). an Owner has been abusive or offensive to any employee or representative of Montillas;
f). an Owner used a false identity;
g). an Owner has otherwise misused Montillas systems or communications platforms; or
h). anything similar to the foregoing has occurred in relation to any of Montillas Affiliates,
then Montillas shall be entitled to, at its sole discretion to:
d). or terminate either
(i) any affected Listings, or
(ii) all Listings associated with that Owner (including, any Additional Paid Promotional Services relating to those Listings), immediately and without refund of Listing Fees or any other fees or charges paid by the Owner
2. Montillas assumes no duty to investigate complaints.
14.0 Rights and obligations of Montillas
- Montillas may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
- Montillas shall use commercially reasonable efforts to ensure that Business depictions on the site are as true and accurate a representation as practicable of the photographs and profiles of their businesses that Owners have submitted to Montillas. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
- Montillas may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site.
- Montillas will, where possible, aim to ensure that maintenance of the Site that causes any such restriction is undertaken at a time when most Users’ usage is least affected.
- Montillas will conduct identity checks through an ID verification process [see clause 4.1 E and ask for proof to establish the existence and ownership of a Property and the identification of an Owner.
- The Owner agrees promptly (and in any event within any period requested by Montillas) to supply to Montillas such proof of identity or of a Property’s existence or business ownership as Montillas requests.
- Each Owner acknowledges that failure to comply with any such request constitutes a breach of this Agreement.
15.0 Intellectual Property
- All content that appears on this Site, and the Site itself, is protected by copyright and database rights.
- Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
- Owners are permitted to download, display or print individual pages of the Site to evidence their agreement with Montillas. The relevant file or the relevant printout must clearly bear the text “© Copyright 2022 – Present Montillas LLC dba BKFights.com – All Rights Reserved”.
16.0 Rights and obligations of Owner
- The Owner must submit accurate data about their personal identity, listed property or business (including restaurants, cafes, bars, tour operators & retreat providers) and payment details, and warrants that it has the authority to advertise the Property in the Listing.
- The Owner warrants that all of the information they provide to Montillas is accurate and up-to-date, including, but not limited to any and all representations about any Property or business (including restaurants, cafes, bars, tour operators & retreat providers), its amenities, location, price, and its availability for a specific date or range of dates.
- The Owner must not include in any Listings or communications with a User, any links or references to any other websites, or anything directing traffic away from the Montillas platform, the Site or the Property or business that is the subject of a Listing, unless agreed with Montillas in advance.
- If the Owner offers a translation, the Owner must ensure that its content is accurate and that it faithfully reflects the text in the original language.
- Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access, for example over a network.
- Owners should use a password which is unique to their use on this Site – they must not use the same password as is used for another site or email account.
- Montillas will never ask Owners to disclose this data.
- If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Montillas of the situation by emailing [email protected]
- Should any Owners notice that their account is being used by an unauthorized third party, they should immediately report the matter to Montillas through the Contact Us portal and change their password.
- The Owner must check the Listing before submitting it to Montillas to ensure that it does not violate any applicable laws or regulations.
- The Owner is solely and exclusively responsible for the consequences of non-compliance with any law applicable with respect to the content of the Listing.
- Montillas hereby disclaims any liability for the verification of compliance with any laws applicable in advertisements published by an Owner.
- The Owner is solely responsible for billing, accounting and settlement to the competent authorities for any tax, fee or fees (including GST, where applicable) on income received.
- The Owner must have in place home, contents and public liability insurance as appropriate for their Property and their listed business.
- Photographs included in a Listing should depict the Property or business as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.
- We do not tolerate spam or unsolicited commercial electronic communications of any kind.
- It is prohibited to misuse Montillas systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.
- You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
- No Listing may be transferred to another party. In the event of a property or business sale or change in property or business management, Montillas will provide guidance on options for creating a new Listing.
- Montillas reserves the right to transfer this Agreement, and to assign or subcontract any, or all its rights and obligations under this Agreement, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under this Agreement.
- If any Listing is in breach of this Agreement, Montillas reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 11 of this Agreement.
17.0 Proprietary rights of the content
- Where an Owner submits to or transmits through the site or Montillas platform any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).
- To the extent that Owners’ Listings and other submissions may contain trademarks, Owners warrant that they have the right to use them, including sub-licensing rights.
- By submitting any form of content to the Site (including photographs), the Owner authorizes Montillas and each of its Montillas Affiliates to reproduce in whole or in part, display and disseminate the content about the performance of this Agreement and in the promotion of the Site. Montillas may also provide such content to its affiliates and third party service providers for the same purpose.
- The Owner shall not directly or indirectly:
a). With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or de-compile any of the same;
b). Monitor content on the site or communications with Users by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or youth sports related advertising or listings, or any subset of the same or which is in the business of providing sports related services or listing services that compete with the Site or Montillas) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent
c). Use the Site or Montillas platform or systems for purposes other than those referred to in these Terms and Conditions;
d). Use the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing or engaging the services of any other business in our listing categories;
e). Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
f). Upload or send to the Site any content or programs, which because their size or nature, might damage Montillas servers or networks;
g). Include content on the Site or Montillas platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
h). Use or access the Site or Montillas platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
i). Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
j). Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
k). Refer to Montillas or any Montillas Affiliate in any way that might lead someone to believe that the Owner, any Sports Team, Listing or website is sponsored by, affiliated with, or endorsed by Montillas or any Montillas Affiliate; or
l). Substitute a Sport Team or business in a Listing for another Sport Team or business without the prior consent of Montillas. Prohibited substitution activities include:
2. Listing multiple sports teams:
a). use of one Listing to promote more than one sport team, other than as permitted in this Agreement;
3. In the event of any breach of this clause by an Owner, including a failure to pay any fees when due, Montillas reserves the right to suspend, amend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 18 of this Agreement.
18.1 RIGHT OF BLOCKING, SUSPENSION OR WITHDRAWAL OF LISTINGS
Montillas reserves the right to amend, block or delete a Listing, temporarily or permanently, without any notice to the Owner and without prejudice to any other legal right of remedy in the following circumstances:
a). if the Owner is in breach of this Agreement,
b). if the owner is late in paying the subscription fee or any other charges, or
c). if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or
d). for any other valid reason and that the Owner cannot prove to Montillas that it has the right to publish this content (including images and / or photographs).
19.0 Links to Third Party Sites
- This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site.
- Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof.
- We may also provide tools to allow interaction between the Site and a third party site, such as a social media site.
- We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
20.0 Owner Responsibility
The Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to Montillas due to content or any program transmitted or sent by the Owner that results in any damage to the hardware of Montillas, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees.
The Owner agrees to defend, indemnify and hold harmless Montillas and each Montillas Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Montillas or any Montillas Affiliate alleging or arising out of or in connection from:
a). any content or material the Owner submits or provides for inclusion on the Site;
b). any use by the Owner of the Site;
c). your dealings with any Users or prospective Users; and
d). any breach of this Agreement on the part of the Owner.
22.0 Limitation of Liability of Montillas
- In the event of a breach by Montillas of this Agreement, its total liability will be limited to the amount paid by the Owner to Montillas in connection with the publication of the Listing on the Site.
- Montillas accepts no liability whatsoever relating to the content of your Listing on the Site, your Property or business or your dealings with any Users or prospective Users.
- Without limiting the foregoing, Montillas will not be liable for any loss or damage caused by or attributed to any person(s) that visits or engages a service offered by your business in response to an advertisement place on the Site.
- To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular,
- We do not make any representations or warranties that the Site will be uninterrupted or error free.
- We do not make any representation or warranty about the success of the Site or likely success of advertising your Business on the Site.
- To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply of services or the payment of the cost of having them re-supplied.
- In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity) arising out of, based on, or resulting from the Site, your use of the Site and/or any transaction between users, even if Montillas has been advised of the possibility of such damages.
- These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action.
- If you are dissatisfied with the Site or Montillas platform or systems, or you do not agree with any part of this Agreement, then your sole and exclusive remedy against Montillas is to discontinue using the Site.
- In all events, our liability to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) $100.00 in the aggregate
23.0 Contacting us
- Any messages should be sent to Montillas [email protected].
- Notices regarding infringements of copyright must specify the following:
a). Your address, telephone number and email;
b). Detailed information about the content concerned (display of the image or text), including a link to the Site; and
c). A formal declaration showing that you:
(i) are the holder of the exclusive user right to the work; and
(ii) have not authorised the use of the relevant material in this form.
24.0 Applicable law
This agreement is governed by the laws in the State of Connecticut, USA, and you submit to the exclusive jurisdiction of the courts in that State.
25.0 Other provisions
- This Agreement comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations.
- You may not assign this Agreement without our prior written consent.
- No delay or waiver by us in enforcing any provision of this agreement will be deemed a waiver of our rights.
- If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforce-ability of the remainder of this Agreement will not be affected.
Thank you for reading this document. By proceeding to List with BKFights.com you agree to be bound by the Terms and Conditions of this Agreement.