By accessing
and using the World Tang So Do Association’s website (the “Site”), you agree to
each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use are
referred to as this “Agreement.”
We reserve the
right to modify this Agreement at any time without giving you prior notice.
Your use of the Site following any such modification constitutes your agreement
to follow and be bound by the Agreement as modified. The last date these Terms
of Use were revised is set forth below.
1. Use of
Site
You may use the
Site, and the information, writings, images and/or other works that you see,
hear or otherwise experience on the Site (singly or collectively, the
“Content”) solely for your entertainment, personal and non-commercial purposes.
No right, title or interest in any Content is transferred to you, whether as a
result of downloading such Content or otherwise. The World Tang Soo Do
Association, together with its affiliates (collectively, the “WTSDA”), reserves
complete title and full intellectual property rights in all Content. Except as
expressly authorized by this Agreement, you may not use, alter, copy,
distribute, transmit, or derive another work from any Content obtained from the
Site, except as expressly permitted by the WTSDA in writing. If you violate any of these
Terms, you have broken this Agreement and are automatically prohibited from use
of this Website. Upon which, you must immediately destroy any downloaded or
printed materials.
2. Copyright
The Site and the
Content, including, but not limited to the images and newsletters contained on
the Site, are protected by U.S. and/or foreign copyright laws, and belong to
the WTSDA. You may not use, manipulate or alter in any way images or other
Content on the Site without the express written consent of the WTSDA.
3. Trademarks
You are
prohibited from using any of the marks or logos appearing throughout the Site
without permission from the WTSDA.
4. Links to
Third-Party Web Sites
Links on the
Site to third party web sites or information are provided solely as a
convenience to you. If you use these links, you will leave the Site. Such links
do not constitute or imply an endorsement, sponsorship, or recommendation of
the third party, the third-party web site, or the information contained
therein. The WTSDA is not responsible for the availability of any such web
sites nor will the WTSDA be responsible or liable for any such web site or the
content thereon.
5.
Downloading Files
The WTSDA cannot
and does not guarantee or warrant that files available for downloading through
the Site will be free of infection by software viruses or other harmful or
malicious computer code, files or programs. The downloading of such files or
information is at your own risk.
6. Disclaimer
of Warranties
THE WTSDA
MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER WITH RESPECT TO THE SITE. THE WTSDA EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE OR THE
CONTENT. THE WTSDA DOES NOT WARRANT THAT THE PROVISION OF THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS.
7. Limitation
of Liability
IN NO EVENT WILL
THE WTSDA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT
OR ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF THE WTSDA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH
THE SITE OR THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE
GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
8.
Indemnification
You understand
and agree that you are personally responsible for your behavior on the Site.
You agree to indemnify, defend and hold harmless the Site providers, the WTSDA
and it’s employees and staff from and against all claims, losses, expenses,
damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and attorneys’ fees, resulting
from or arising out of your use, misuse, or inability to use the Site or the
Content, or any violation by you of this Agreement.
9. User
Conduct
You agree to use
the Site only for lawful purposes. You agree not to take any action that might
compromise the security of the Site, render the Site inaccessible to others or
otherwise cause damage to the Site or the Content. You agree not to add to,
subtract from, or otherwise modify the Content, or to attempt to access any
Content that is not intended for you. You agree not to use the Site in any
manner that might interfere with the rights of third parties.
10.
Termination
Notwithstanding
any of these Site Terms, the WTSDA reserves the right, without notice and in its
sole discretion, to block your use of the Site.
11.
Submission Guidelines
Any submission
or upload to the any of the sections of the Site and any idea or information
otherwise shared with the owners of the Site or its staff (each a
"Submission") shall become the sole and exclusive property of the
owners of the WTSDA. You agree to permit the WTSDA to publish any identifying
information you provide with such Submission. No compensation will be paid
with respect to the use of your Submission. THE WTSDA is under no obligation to
post or use any Submission, and the WTSDA may remove any Submission at any time
in its sole discretion.
By
submitting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission, including, without limitation,
(i) all the rights necessary for you to provide, post, upload, input, or submit
the Submission to us as provided in these Terms and (ii) all requisite
authority from, or to act for, your employer if you prepared your submission in
the course of your commercial employment. In addition, you warrant and
represent that you have waived all "moral rights" that might
adversely affect the grant of the foregoing rights and title.
12. General
Provisions
a. Entire
Agreement/No Waiver.
These Terms of Use constitute the entire agreement of the parties with respect
to the subject matter hereof. No waiver by us of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default.
b.
Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined
by a court of competent jurisdiction to be invalid or unenforceable, it will
not impact any other provision of this Agreement, all of which will remain in
full force and effect. Any and all disputes relating to this Agreement, your
use of the Site or the Content are governed by, and will be interpreted in
accordance with, the laws of the Commonwealth of Pennsylvania, without regard
to any conflict of laws provisions.
c. Claims of
Copyright Infringement.
If you believe you own the copyright to any information or material posted on
the Site, please notify us immediately at WTSDA, 709 Oregon Ave, Philadelphia,
PA 19148, Attention: General Counsel.
October 26, 2009
