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By registering with MartialClub.com, you become a member of the following service (applicable for all free and paid services) and you agree to be bound by the terms and conditions of this Agreement. This Agreement sets out the legally binding terms for your membership on this site. If you do not agree to the Terms Of Service, please do not register with MartialClub.com or otherwise access or use this web site. We, MartialClub.com, reserve the right at any time to change the terms and conditions of this Agreement or modify the site, including eliminating or discontinuing any content or feature of the site as seem appropriate. By continuing to use the service you will be deemed to have accepted the varied terms and conditions, which are posted on MartialClub.com. You should check these terms and conditions periodically, without any prior notice or liability. Failure to comply with these TOS may result in account revocation.
MartialClub, Inc. ("we") maintains this website as a service to the martial arts community, including students, practitioners, martial art schools and organizations, that visits the site subject to these Terms of Service. The term "website" includes all services and features available on martialclub.com, martialclub.org, and martialclub.net, including our online discussion forums and chat rooms. Visitors to this website ("you") are responsible for obtaining any equipment and Internet service necessary to access our website and for any paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or other reasons. Accounts provided with this services currently includes: Student Account, Celebrity Account, School Account with or without School WebSite and Organization Account with Organization WebSite. WebSites provided with your account will be referred in future as your website.
Account registration and verification is required in order to create a MartialClub.com account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to MartialClub, you are hereby required to update that information as soon as possible. Should MartialClub.com suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination.
Children are not eligible to use services that require submission of
personal information, and we require that minors (under the age of 13)
do not submit any personal information to us. This includes submitting
personal information to the MartialClub.com as part of a user profile or
personalization profile. If you are a minor, you can use these
services only if used together with your parents or guardians.
If you are a minor, you should seek guidance from your parents.
If the MartialClub.com decides to begin collecting personal information from children,
it will notify parents that it is being requested, disclose the reasons for
collecting it, and disclose our intended use of it. The MartialClub.com will seek
parental consent before collecting any personally identifiable information.
If it does collect it, parents may request information on the type of data
being collected, view their child's information, and, if they choose,
prohibit the MartialClub.com from making further use of their child's information.
The MartialClub.com will not provide personal information about children to third parties.
For information on MartialClub's privacy practices, please see the entire privacy policy at Privacy Policy.
You agree to indemnify and hold MartialClub.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge that MartialClub.com may establish limits concerning use of the Service and may modify these limits at any time.
MartialClub.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that MartialClub.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that MartialClub.com, in its sole discretion, may terminate your, your school or your organization account and remove and discard any content within the Service for any reason, including and without limitation, the lack of use, or if MartialClub.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and website and all its parts, at MartialClub.com's discretion, will be terminated as well. MartialClub.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MartialClub.com may immediately deactivate or delete your MartialClub.com account and/or website and all related information and files. MartialClub.com reserves the right to bar any further access to such files or the Service. You agree that MartialClub.com shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
The Service, or relevant third parties, may provide links to other web sites or resources. Because MartialClub.com has no control over such sites and resources, you acknowledge and agree that MartialClub.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MartialClub.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
All materials contained in this Website are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of MartialClub.com or the author, authors or sources of said materials.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse
for copyright owners who believe that material appearing on the Internet
infringes their rights under the U.S. copyright law. If you believe in good
faith that materials hosted by MartialClub.com infringe your copyright, you
(or your agent) may send MartialClub.com notice requesting that the material
be removed or access to it be blocked. Any notification by a copyright owner
or a person authorized to act on its behalf that fails to comply with
requirements of the DMCA shall not be considered sufficient notice and
shall not be deemed to confer upon MartialClub.com actual knowledge of
facts or circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has
been wrongly filed against you, the DMCA permits you to send MartialClub.com
a counter-notice. All notices and counter notices must meet the then current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright
for details.
Notices should be sent to martialclub.com
with subject "COPYRIGHT INFRINGEMENT".
Guidelines for posting to your online website shall be as follows:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. MartialClub.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be MartialClub.com's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
If any user is reported to be in violation with the letter or spirit of these terms, MartialClub.com retains the right to terminate such account at any time without further warning.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARTIALCLUB.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) MARTIALCLUB.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARTIALCLUB.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARTIALCLUB.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARTIALCLUB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
The information provided by MartialClub.com is an expression of opinions,
and they should be used for personal entertainment purposes only. None
of anything you read herein is to be considered legal or personal advice.
MartialClub.com reserves the right not to be held legally responsible
for any mistakes or inaccuracies found within the content posted on
the message boards or anywhere else of the MartialClub.com website.
Some information regarding training, techniques, routines, etc. can be dangerous.
By entering/viewing this site you and any you teach agree that you/they will
not hold the creator of this site, the ISP, or any affiliated entity
responsible for the following, but not limited: injuries, paralysis, death, property damage,
explosive bowel movements, or mental trauma sustained while attempting/training
for the techniques described here. Please consult a physician as to whether or
not to attempt any routines, techniques or other physical activities,
mentioned on this website.
We do not give medical advices. None of the information provided on this website
is intended as any sort of medical advice, it is strictly for informational use.
For medical advice, you should consult a medical professional
The TOS constitutes the entire agreement between you and MartialClub.com and governs your use of the Service, superseding any prior agreements between you and MartialClub.com (including, but not limited to, any prior versions of the TOS). The Terms and the relationship between each user and MartialClub.com shall be governed by the laws of the State of Massachussets without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, Massachussets. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
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