Terms of Service

By accessing or using The Hammer MMA Radio website at hammermma.com, listening to our podcast, or engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and The Hammer MMA Radio ("we," "us," or "our"). If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

The Hammer MMA Radio provides the following services:

• Podcast Content: Weekly MMA radio show and podcast episodes covering UFC, Bellator, and other MMA events
• Website: Informational website providing episode archives, show notes, and related content
• Live Broadcast: Live radio broadcast on CFMU 93.3 FM in Hamilton, Ontario, Canada
• Social Media: Official social media accounts and community engagement
• Newsletter: Optional email newsletter with episode updates and MMA news

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

To use our Services, you must meet the following eligibility requirements:

• You must be at least 13 years of age (or 16 in the European Union)
• You must have the legal capacity to enter into binding agreements
• You must not be prohibited from using the Services under applicable law
• You must not be located in a country subject to comprehensive sanctions

By using our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

While much of our content is available without registration, certain features may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Harass, abuse, or harm other users or our team members
• Post content that is defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your affiliation
• Collect or store personal information about other users without consent
• Use automated systems to access the Services in a manner that sends more request messages than a human can reasonably produce

The Services and their original content, features, and functionality are and will remain the exclusive property of The Hammer MMA Radio and its licensors. The Services are protected by copyright, trademark, and other laws of Canada and foreign countries.

6.1 Our Content

All podcast episodes, show notes, website content, logos, graphics, and other materials provided through our Services are owned by The Hammer MMA Radio or its licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. This license does not include any right to:

• Modify or make derivative works of our content
• Use our content for commercial purposes
• Redistribute or republish our content
• Remove any copyright or proprietary notices
• Use our trademarks or logos without permission

6.3 Trademarks

"The Hammer MMA Radio," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Hammer MMA Radio or its affiliates. You must not use such marks without our prior written permission.

Our Services may allow you to submit comments, questions, feedback, or other content ("User Content"). By submitting User Content, you:

• Retain ownership of your User Content
• Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content
• Represent that you own or have the necessary rights to your User Content
• Agree that your User Content does not violate the rights of any third party

We reserve the right to remove or refuse to publish any User Content at our sole discretion, with or without notice. We may feature User Content in our podcast episodes, website, or social media channels.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we will respond to claims of copyright infringement.

8.1 Filing a Copyright Complaint

If you believe that content on our Services infringes your copyright, please provide our designated copyright agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information in the notification is accurate, under penalty of perjury

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, provincial, or local law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate The Hammer MMA Radio, a team member, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To scrape, crawl, or use automated means to access the Services
• To reverse engineer, decompile, or disassemble any portion of the Services

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE HAMMER MMA RADIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement of intellectual property rights
• Warranties that the Services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of any information obtained through the Services

The opinions expressed in our podcast episodes are those of the hosts and guests and do not necessarily reflect the official policy or position of The Hammer MMA Radio.

IN NO EVENT SHALL THE HAMMER MMA RADIO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS (CAD $100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES.

You agree to defend, indemnify, and hold harmless The Hammer MMA Radio and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13.1 Termination by Us

We reserve the right to terminate or restrict your access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

13.2 Termination by You

You may stop using our Services at any time. If you have an account, you may deactivate it by contacting us at [email protected].

13.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

We encourage you to contact us first if you have any concerns or disputes regarding our Services. Most issues can be resolved quickly and amicably through direct communication.

15.1 Informal Resolution

Before pursuing any formal legal action, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days of receiving your notice.

15.2 Mediation

If informal resolution fails, both parties agree to participate in good faith in mediation before pursuing any other legal remedy. The mediation will take place in Hamilton, Ontario, Canada.

15.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

If you have any questions about these Terms of Service, please contact us:

• General Inquiries: [email protected]
• Legal Matters: [email protected]
• Copyright Issues: [email protected]
• Privacy Concerns: [email protected]
• By Mail: The Hammer MMA Radio, CFMU 93.3 FM, McMaster University, 1280 Main St W, Hamilton, ON L8S 4L8, Canada
• By Phone: +1 (905) 555-0123
• Through Our Website: Contact Form

We aim to respond to all inquiries within 5-7 business days. For urgent legal matters, please indicate "URGENT" in the subject line of your email.