PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE
MARTIALART4KIDS.COM WEBSITE (the “Site”). This site
is owned and operated by Classic Martial Art, Inc. ("Classic
Martial ART", “we”, “us” or “our”).
It is intended for your personal entertainment, information, education
and communication. Please feel free to browse the Site; however,
your access and use of the Site is subject to the following terms
and conditions of use ("Terms and Conditions of Use")
and all applicable laws. By accessing and using the Site, you accept,
without limitation or qualification, the Terms and Conditions of
Use and agree to be legally bound by the Terms and Conditions of
Use. You also agree not to interrupt or attempt to interrupt the
operation of this Site in any way. If you do not agree with all
of the following Terms and Conditions of Use, please do not use
this Site.
We reserve the right, at our sole discretion, to change, modify
or otherwise alter these Terms and Conditions of Use at any time.
Changes and/or modifications shall become effective immediately
upon the posting thereof. Please review these Terms and Conditions
of Use periodically. Your continued use of the Site following
the posting of changes and/or modifications will constitute your
acceptance of the revised Terms and Conditions of Use. For your
information, this page was last updated on January 11, 2007.
Ownership of Intellectual Property and Restrictions of Use
All materials contained in this Site, including, without limitation,
software, design, text, images, photographs, illustrations, audio,
videoclips, artwork and graphic material (the “Materials”)
are the property of the Classic Martial ART and/or its affiliates,
assigns or licensors and are protected, without limitation, pursuant
to U.S. and international copyright and other laws. You cannot
use the Materials, except as specified herein. You agree to follow
all instructions on this Site limiting the way you may use the
Materials. This Site also contains proprietary trademarks, service
marks and logos. By making them available on this Site, Classic
Martial ART is not granting you any license to use such trademarks,
service marks and logos. As long as you comply with the Terms
and Conditions of Use, the Classic Martial ART grants you a personal,
non-exclusive, non-assignable, non-transferable limited right
to enter, display and use this Site. You agree not to copy, reproduce,
republish, upload, post, transmit or distribute in any way or
decompile, reverse engineer, disassemble or otherwise modify the
Materials, except you may download one (1) copy of the Materials
on any single computer for your personal, noncommercial home use
only, provided that you maintain all copyright and other proprietary
notices contained in such Materials. Any unauthorized or prohibited
use may subject the offender to civil liability and criminal prosecution
under applicable federal and state laws.
Bulletin Boards, Chat Rooms and Other Public Forums
The Site may include bulletin boards, chat rooms and other areas
where users can submit, post and/or exchange information, ideas,
opinions, photographs, images, videos, creative work or any other
materials (collectively "Public Forums"). The Public
Forums are for use for noncommercial purposes only. Users may
not post any information intended to promote and/or generate revenue
for any third-party business activity. Classic Martial ART does
not control postings on such Public Forums, and the postings do
not necessarily reflect the views of Classic Martial ART. In no
event shall Classic Martial ART assume or have any responsibility
or liability for any materials posted on Public Forums or for
any claims, damages or losses resulting from their use and/or
appearance on this Site.
Classic Martial ART has no obligation to monitor the Public Forums
and is not responsible or liable for failure to monitor or edit
any materials sent over the Services or posted on Public Forums.
AlthoughClassic Martial ART may from time to time monitor or review
the content posted on this Site, we cannot be responsible for
the views or opinions expressed by third parties. Nevertheless,
Classic Martial ART reserves the right to edit, change, refuse
to post or remove any user materials or postings, in whole or
in part, that in Classic Martial ART's sole discretion are objectionable
or in violation of these Terms and Conditions of Use, as well
as revoke the privileges of users who do not comply with such
Terms and Conditions of Use or block specific IP addresses. Classic
Martial ART reserves the right at all times to disclose any information
(including, without limitation, the identity of the persons providing
information or materials on the Public Forums) as necessary to
satisfy any law, regulation or governmental request.
Rules Of Conduct
You agree that your use of the Services, Public Forums and this
Site is subject to all applicable local, state and federal laws
and regulations and that you are solely responsible for all of
your acts and omissions, including, without limitation, the contents
of your transmissions through the Services and Public Forums.
As a condition of your use of the Services, Public Forums and
this Site, you agree not to:
Use any Service or Public Forum for any illegal purposes (or
to solicit or encourage any illegal act);
Restrict or inhibit any other user from using and enjoying the
Services or Public Forums;
Post or transmit any messages, information or material intended
to harass, abuse, threaten, or impersonate any other individual
or entity;
Post or transmit any defamatory, indecent, obscene, vulgar, pornographic,
profane, indecent, harmful, hateful, libelous, unlawful and/or
other objectionable messages, information or material of any kind,
including images and language;
Post any message that solicits gambling or engage in any gambling
activity;
Transmit or upload any information, software or other material
that violates or infringes upon the rights of others, including
material that is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or any other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder;
Transmit or upload any information, software or other material
that contains viruses, time bombs, trojan horses, cancelbots,
worms or other harmful or deleterious programs;
Post or transmit or in any way exploit any information or other
material for commercial purposes, including, without limitation,
for the advertising, promotion or marketing of goods or services;
Use the Services and Public Forums for the purposes of sending
junk email, chain letters, duplicative or unsolicited messages
or “spamming” or in connection with contests, surveys,
or pyramid schemes;
Try to gain unauthorized access to the Services, other users’
accounts, or computers connected to the Services through password
mining or other means; and
Interfere with another user’s use and enjoyment of the
Services or Public Forums or any other individual’s use
and enjoyment of similar services.
User Submissions/Communications
If you send any communications or materials to the Site by posting
messages, uploading files, inputting data, or engaging in any
other form of communication through this Site, the Services or
the Public Forums, including, without limitation, any comments,
data, questions, ideas, concepts, suggestions, responses to contests
or other promotions, or the like (collectively, “User Content”),
you grant the Classic Martial ART and its affiliates, licensees,
designees, successors and assigns a royalty-free, unrestricted,
irrevocable, non-exclusive right and license to use, reproduce,
copy, post, publish, disclose, distribute, broadcast, exhibit,
transmit, publicly and privately perform, publicly and private
display, adapt, translate, edit, change, modify, license, sell,
create derivative works from, incorporate into any other material
or works, or otherwise exploit any such User Content, in whole
or in part, throughout the universe and in perpetuity, in any
manner and in any and all media (whether now known or hereafter
devised or developed), alone or together or as part of other material
or work of any kind or nature and for any purpose whatsoever as
Classic Martial ART may determine. You agree and understand that
Classic Martial ART is not obligated to use any User Content,
and you have no right to compel such use. You further agree and
understand that you have no right inspect or approve the way Classic
Martial ART uses such User Content.
Please be advised that in no event shall Classic Martial ART
assume or have any responsibility or liability for the manner
in which the User Content is exploited or for any claim, damages
or losses resulting from the use and/or appearance of such User
Content on the Classic Martial ART’s websites, affiliated
television programming services or elsewhere. Please also understand
that you give up any claim that any use of User Content violates
any of your rights, including, without limitation, moral rights,
privacy rights, proprietary or other property rights, publicity
rights, rights to credit for material or ideas, or any other right
of any kind or nature that you may have with respect to such User
Content. Also, please understand that your User Content shall
not be returned by Classic Martial ART.
By submitting any User Content, you represent and warrant that
you own, control or have all necessary rights in such User Content,
and all information contained therein, and that such User Content,
and the use of such User Content by the Classic Martial ART, does
not infringe upon or violate the rights of any third party. In
addition, you warrant and represent that all so-called “moral
rights” in those materials have been waived. If your User
Content incorporates the name, voice, likeness or image of any
individual, you represent and warrant that you have the right
to grant Classic Martial ART permission to use such name, voice,
likeness or image of such individual appearing in the User Content
in any manner and in any and all media (whether know known or
hereafter devised or developed), throughout the universe and in
perpetuity, to the same extent that Classic Martial ART uses the
User Content.
You agree to indemnify, defend and hold harmless the Classic
Martial ART, its parents, subsidiaries, and other affiliated or
related entities, and their respective officers, directors, employees,
agents, licensors, licensees suppliers and representatives, from
and against all losses, expenses, damages and costs (including,
without limitation, reasonable attorneys’ fees and costs)
resulting from any actual or alleged breach of any of your representations,
warranties or undertakings hereunder. Classic Martial ART reserves
the right to assume, at its sole expense, the exclusive defense
and control of any matter subject to indemnification by you, in
which event you will fully cooperate with Classic Martial ART
in asserting any available defenses.
Links to Third Party Sites
This Site may contain links to other web sites. These links are
for your convenience only and you access them at your own risk.
The appearance of links from this Site to any other site does
not constitute endorsement by Classic Martial ART, its parents,
subsidiaries, and other affiliated or related entities of the
opinions or views expressed by these linked sites and Classic
Martial ART does not verify, endorse, or take responsibility for
the accuracy, reliability, legality, validity, completeness or
quality of the content of any linked sites. Furthermore, Classic
Martial ART is not responsible for the quality or delivery of
the products or services offered, accessed, obtained by or advertised
by such sites. As such, neither Classic Martial ART nor any of
its parents, subsidiaries, and other affiliated or related entities
will be responsible for any errors or omissions or for the results
obtained from the use of such information contained in these linked
sites. To the extent that these linked sites collect personal
information or postings from users, be advised that in no event
shall Classic Martial ART assume or have any responsibility or
liability for the manner in which such information or postings
are exploited or for any claims, damages, or losses resulting
from their use and/or appearance on these linked sites. Finally,
the Classic Martial ART will under no circumstances be liable
for any direct, indirect, incidental or special loss or other
damage, whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights,
caused by the exhibition, distribution or exploitation of any
information or content contained within these linked sites.
Termination
Classic Martial ART reserves the right, in its sole discretion,
to terminate this Site or any Services, or terminate any user’s
access to all or part of this Site, at any time with or without
cause or notice. Classic Martial ART shall not be liable to you
or any other party for such termination.
Shopping
CLASSIC MARTIAL ARTEXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY CLASSIC
MARTIAL ART ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Classic Martial
ART ’s sole and exclusive maximum liability arising from
any product sold on the Site is the price of the product ordered.
In no event shall Classic Martial ART, its parents, subsidiaries,
and other affiliated or related entities, and each of their respective
directors, officers, employees, or other representatives, be liable
for special, indirect, consequential, or punitive damages related
to any product sold on or through the Site.
In the event a product is listed at an incorrect price or with
incorrect information due to typographical error or error in pricing
or product information received from our suppliers, we shall have
the right to refuse or cancel any orders placed for product listed
at the incorrect price. We shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card already has been
charged for the purchase and your order is canceled, we will issue
a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. We reserve the right at any
time after receipt of your order to accept or decline your order
for any reason. We reserve the right at any time after receipt
of your order, without prior notice to you, to supply less than
the quantity you ordered of any item. We may require additional
verifications or information before accepting any order. We are
a reseller to end user customers and do not accept orders from
dealers, exporters, wholesalers, or other customers who intend
to resell the products offered by us. We shall automatically charge
and withhold the applicable sales tax for orders to be delivered
to addresses within Florida. Each customer shall be solely responsible
for all sales taxes, or other taxes, on orders shipped to any
other state.
All requests for technical service and support should be made
directly to the manufacturer in accordance with their terms and
conditions.
Transmitted Material
Internet transmissions are never completely private or secure.
You understand that any message or information you send to this
Site may be read or intercepted by others, unless there is a special
notice that a particular message is encrypted (that is, sent in
code). Sending a message to this Site does not cause Classic Martial
ART to have any special responsibility to you.
Indemnification
You agree to indemnify, defend and hold harmless Classic Martial
ART, its parents, subsidiaries, and other affiliated or related
entities, and their respective officers, directors, employees,
agents, licensors, licensees, suppliers, representatives and third
party information providers from and against all losses, expenses,
damages and costs (including, without limitation, reasonable attorneys’
fees and costs) resulting from any actual or alleged violation
of these Terms and Conditions of Use by you. Classic Martial ART
reserves the right to assume, at its sole expense, the exclusive
defense and control of any matter subject to indemnification by
you, in which event you will fully cooperate with Classic Martial
ART in asserting any available defenses.
Disclaimers/Limitation of Liability
YOUR USE AND BROWSING OF THIS SITE IS AT YOUR SOLE RISK. THIS
SITE AND ALL MATERIALS AND SERVICES CONTAINED OR MADE AVAILABLE
ON OR ACCESSED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS"
AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, CLASSIC MARTIAL ART MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, FOR THE ACCURACY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY MATERIALS
PROVIDED ON OR AVAILABLE THROUGH THIS SITE. Classic Martial ART
is not responsible or liable for any damages to your computer
equipment (whether due to any viruses, infections or contamination
of your computer system or otherwise) or other property, delays,
inaccuracies, errors, or omissions arising out of or on account
of your access to, use of, or browsing in this Site (including
any Public Forums), your downloading of any Materials from the
Site, or with respect to the information and material contained
on this Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
CLASSIC MARTIAL ART, ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATED
OR RELATED ENTITIES, ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE AND/OR ANY MATERIALS, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES AND
REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO, USE OF, OR INABILITY TO USE THE SITE AND THE MATERIALS.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CLASSIC
MARTIAL ART IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER. NOTWITHSTANDING THE FOREGOING, IN NO EVENT
SHALL CLASSIC MARTIAL ART’S LIABILITY TO YOU FOR ANY AND
ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF
ANY, FOR ACCESSING THIS SITE.
Miscellaneous
Classic Martial ART makes no representation that materials on
this Site are appropriate or available for use in any particular
location, and accessing them from locations where their contents
are illegal is prohibited. Those who choose to access this Site
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
No software from this Site may be downloaded, exported or reexported
in violation of any law, including, without limitation, to countries
that are subject to U.S. export restrictions.
These Terms and Conditions of Use and all matters or issues collateral
thereto will be governed by and construed in accordance with the
laws of the State of Florida applicable to contracts executed
and performed entirely therein without regard to its conflicts
of law rules. Any cause of action you may have with respect to
your use of this Site must be commenced within one (1) year after
the cause of action arises. Any action, whether at law or in equity,
arising out of or relating to these Terms and Conditions of Use
and/or your use of this Site shall be brought only in the state
or federal courts located in Hillsborough County, Florida, and
you expressly consent and submit to the personal jurisdiction
of such courts. These Terms and Conditions of Use constitute the
entire agreement betweenClassic Martial ART and you with respect
to your use of this Site and supersede all prior understandings
of the parties hereto relating to the subject matter hereof, and
cannot be changed or terminated orally. If any provision of these
Terms and Conditions of Use is found to be unlawful, void or for
any reason unenforceable, then that provision shall be deemed
severable from these Terms and Conditions of Use and shall not
affect the validity and enforceability of any remaining provisions,
which shall remain in full force and effect.
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