Introduction
/ Acceptance of Terms
Your Responsibility For Content
& Conduct
Accurate Information
Privacy
Security / No Disruption
Objectionable Content
Study Kung Fu Discretion Over
Content, Use, Storage, And Operation of The Service
License of Your Content
Study Kung Fu Software
Dealings With Advertisers
Links to Third-Party Sites
Links to The Service
Indemnity
Disclaimer / Limitation of Liability
Notices
Copyright Information
Claims of Copyright
Infringement
General Terms
Introduction
/ Acceptance of Terms
Study Kung Fu offers you a wide variety of Chinese
Martial Art training products and services, including
general and personalized training content, communication
tools and study forums, and online and downloadable
training applications (the "Training Service")
on the following terms. By using the Training Service
in any way you are agreeing to comply with these
terms, which we may update without notice and encourage
you to check out here at any time. You must be at
least 18 years old and competent to enter into a
contract to use the Training Service. Unless we
expressly note otherwise, these terms incorporate
and supersede any other terms associated with the
files and applications available on the domain www.studykungfu.com,
its sub-domains, and any international counterparts
and sub-domains, as well as affiliated domains and
sub-domains operated by Study Kung Fu ("StudyKungFu.com",
"we", or "us").
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Your
Responsibility For Content & Conduct
You are responsible for any content that you post
or transmit on or through the Training Service.
You will not use the Training Service to distribute,
link to, or solicit content that:
- mirrors
or copies the material presented here in any way.
- is
unlawful, harmful to minors, threatening, harassing,
abusive, defamatory, vulgar, gratuitously violent,
obscene, pornographic, libelous, invasive of another's
privacy, or racially, ethnically or otherwise
offensive;
- includes
personally identifiable information about children;
- infringes
someone else's intellectual property or other
rights;
- advocates
or solicits violence or other criminal conduct;
- violates
any law, regulation, or contract;
- promotes
participation in multi-level or pyramid marketing
initiatives;
- constitutes
a raffle, sweepstakes, lottery, or any other form
of gambling;
- specifically
advertises firearms or ammunition, tobacco, alcohol,
pornography, or any other product or service that
is illegal in Florida, or the domicile of either
the distributor or recipient;
- constitutes
unsolicited or unauthorized advertising, junk
or bulk e-mail, chain letters, or any other unsolicited
commercial communication, except as Study Kung
Fu specifically authorizes;
- contains
software viruses or any other computer code, files,
or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software,
hardware, or telecommunications equipment.
You
will comply with all applicable laws and regulations
regarding online conduct and content. You will not
use the Training Service to collect, store, or use
information about others for the purpose of sending
unsolicited or unauthorized communications. Except
as we specifically authorize (via license or otherwise),
you will not reproduce, distribute, or commercially
exploit any part of the Training Service.
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Accurate
Information
You will provide accurate and current information
on all registration forms on the Training Service.
You will not impersonate any person or entity, misrepresent
your affiliation with a person or entity; or misrepresent
the origin of any content distributed through the
Training Service.
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Privacy
We take your privacy seriously. Please view our
comprehensive privacy policy.
When you enter into transactions with or provide
information to other companies providing content
to the Training Service, you will be subject to
their privacy policies.
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Security
/ No Disruption
You are responsible for all activities that occur
under your password or account, and will keep your
password(s) confidential. You will immediately notify
us of any unauthorized use of your password or account
or any other breach of security. You will not disrupt
the functioning of the Training Service, solicit
another user's password, or otherwise act in a way
that interferes with other users' use of the Training
Service. Nor may you post or distribute any computer
program that damages, detrimentally interferes with,
surreptitiously intercepts, or expropriates any
system, data, or personal information.
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Objectionable
Content
The opinions and views expressed by the Training
Service or content provided herein do not necessarily
reflect those of Study Kung Fu. You waive any claim
resulting from your exposure to material on the
Training Service or links from the Training Service
to material that may be deemed offensive, or otherwise
objectionable. You alone are responsible for the
material that you will learn here. Abuse of this
material is neither promoted nor condoned.
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Study
Kung Fu Discretion Over Content, Use, Storage, And
Operation of The Service
We may edit, move, or delete any content on the
Training Service (including content or communications
that you have provided) for any reason, and may
preserve and disclose content or user information
if required to do so by law or in the good faith
belief that doing so is necessary to: (a) comply
with legal process; (b) enforce these terms, (c)
respond to claims that any content violates the
rights of third parties; (d) protect the rights,
property, or personal safety of Study Kung Fu, its
users, or the public, or (e) administer the Training
Service.
We may set limits regarding the Training Service,
including limits on the duration of study for each
level, the number of messages going to or from a
user account, the size of messages, and the total
amount of programs available to a user. We are not
liable for the deletion or loss of messages, other
communications, or other content maintained or transmitted
by the Training Service.
We may change or terminate the Training Service
or any part of it without notice or liability. We
may terminate or change your password, account,
or use of all or any part of the Training Service
and may remove any content within the Training Service
without notice and for any reason, including lack
of use or violation of these terms.
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License
of Your Content
If you post content in areas available to the general
public, you are giving us the worldwide, royalty-free,
perpetual, irrevocable, sub-licenseable, and non-exclusive
license to use, reproduce, modify, adapt, frame,
brand, CO-brand, and publish such content in any
media now known or later developed, including the
right to make the content available to the general
public through Copyright License and other applicable
licenses. If you submit summary files or other materials
to the Training Service or Study Kung Fu, you license
us to display, distribute, frame, and link to that
content via Study Kung Fu channels or other parts
of the Training Service, and warrant that you have
all rights necessary to authorize the distribution
and redistribution of that content. You will provide
information that we reasonably request related to
any claim that your content infringes the rights
of a third party.
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Study
Kung Fu Software
The Training Service and any software it incorporates
or downloads to you ("Software") contain proprietary
and confidential information that is protected by
applicable intellectual property and other laws.
Except as expressly authorized by us or the owner
of such proprietary information, you will not modify,
sell, or distribute works based on the Training
Service or the Software.
Unless you are receiving the software pursuant to
another license from Study Kung Fu (such as the
Study Kung Fu Affiliate License), in which case
the specific provisions of that license exclusively
apply, we grant you a personal, nontransferable,
and non-exclusive license to use the object code
version of the Software on a single computer; provided
that you do not (and do not allow any third party
to) copy, modify, reverse engineer, assign or otherwise
transfer any right in the Software; and you will
not modify the Software or access the Training Service
by any means other than the one we provide.
Except as otherwise specifically noted in a license
agreement, we provide no assistance other than the
support
information available on our website.
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Dealings
With Advertisers
A number of other companies supply content to the
Training Service and may make offers available to
you. You deal with and enter into transactions with
advertisers on or suppliers of content to the Training
Service at your own risk. While the Study Kung Fu
logo will appear on all pages available via the
Training Service to let you know that you are still
within Study Kung Fu, we are not a party to any
such transactions and are not liable for any claims
or damages that may result from them.
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Links
to Third-Party Sites
We or third-party providers of content may provide
links to other World Wide Web sites or resources.
We do not control these sites and resources, do
not endorse them, and are not responsible for their
availability, content, or delivery of services.
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Links
to The Service
If you wish to link from your website to the Study
Kung Fu home page only, (www.studykungfu.com).
You are granted a limited, non-exclusive license
to create a hypertext link to the Study Kung Fu
home page, provided that the link does not portray
the Training Service, Study Kung Fu, or Study Kung
Fu's affiliates in a false, misleading, or defamatory
way. We may revoke this license at any time. You
will not frame any aspect of the Training Service
or any Study Kung Fu content or trademark nor provide
a link to any material, page, multimedia presentation
within Study Kung Fu.
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Indemnity
You will indemnify Study Kung Fu, and its subsidiaries,
affiliates, officers, agents, and employees against
any claim or demand, including reasonable attorneys'
fees, related to content you distribute via the
Training Service or your use of or conduct on the
Training Service.
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Disclaimer
/ Limitation of Liability
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THE TRAINING SERVICE,
WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY,
TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE
INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS
AVAILABLE THROUGH THE TRAINING SERVICE, AND YOU
SHOULD NOT RELY UPON THEM. WE PROVIDE THE TRAINING
SERVICE ON AN "AS IS, AS AVAILABLE" BASIS.
YOU USE IT AT YOUR OWN RISK, AND STUDY KUNG FU,
ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS
ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS
CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR
DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL,
SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO
US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM
ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL
BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID
UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
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Notices
Notices to you may be made via email, regular mail,
notices posted on the Training Service, or changes
to this Agreement.
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Copyright
Information
We own intellectual property rights to the content
on the Training Service and its design, structure,
and compilation (sometimes known as "look and
feel"). It is very easy to copy things in cyberspace,
but not necessarily always acceptable or legal.
You must have the legal right to any content you
upload or download using the Training Service.
Unless otherwise noted, you may view, copy, download,
and print Study Kung Fu documents from the Training
Service so long as you use them only for your own
personal, noncommercial purposes and do not post,
distribute, or modify them or remove any copyright,
trademark, or other proprietary notices. For permission
to use third-party materials appearing on the Training
Service, please contact the copyright owner.
To use screenshots of websites displayed within
the Study Kung Fu browser as an illustration or
background, or If you wish to use the Study Kung
Fu content in a different context, please send email
to permission@studykungfu.com
with the words "Study Kung Fu Permission Request"
in the subject line, including the following information:
- The
Study Kung Fu content you wish to use and its
URL.
- Where
and how will it be used (for example, in an Internet
use manual, in a newsletter, in a movie).
- Where,
how, and to what audience copies will be distributed.
- How
many copies will be produced and distributed.
- When
you intend to publish.
- Other
non-Study Kung Fu materials that will be associated
with the Study Kung Fu content.
- Your
name, title, company, address, email address,
and phone number.
- A
mockup of the intended use (as a file attached
to your email).
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Claims
of Copyright Infringement
If you believe that your work has been copied and
is accessible on the Training Service in a way that
constitutes copyright infringement, please send
an email to: copyright@studykungfu.com
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General
Terms
This Agreement constitutes the entire agreement
between you and Study Kung Fu and governs your use
of the Training Service, superseding any prior agreements.
Additional or different terms and conditions may
apply when you use affiliated websites, third-party
content, or third-party software. Interpretations
of the Agreement and determinations that you have
breached the Agreement will be made at our reasonable
discretion and based on facts known to us. The laws
of the State of Florida except for its conflict-of-law
provisions govern this Agreement and our relationship.
You agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located
in Florida for any claim or dispute with Study Kung
Fu or any of its subsidiaries, affiliates, officers,
agents, or employees. Our failure to enforce any
right under this Agreement will not waive that right.
If any provision of this Agreement is invalid, the
Agreement should be interpreted to effect the intent
of the parties, and the remaining provisions will
remain in effect. You must file any claim or suit
related to the Training Service within one year
after it arises. The section titles in this Agreement
are for convenience only and have no substantive
effect.
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Last
Modified - 12/27/2001
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