MartialArtsZen Terms of Service
Last Modified 06/18/2016
Thank you for using MartialArtsZen! ExperiZen LLC ("MartialArtsZen") offers expert videos and brings together a community of people who share a passion for martial arts.
1. Acceptance of the Terms and Agreement to be Bound
These Terms of Service ("Terms of Service" or "Terms") govern your access to and use of the websites, products, data, services, and Content provided to you on, from, or through the MartialArtsZen.com website, mobile or tablet apps, any MartialArtsZen software, and any applications created by MartialArtsZen whether available through a social networking site or its subsidiaries or affiliated companies ("Service"). We reserve the right to withdraw or amend the Service, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. As used herein, "Content" includes the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service.
2. Changes to the Terms
We may modify these Terms of Service and policies at any time, and such modification shall be effective upon its posting on this website. You agree to be bound by such modifications or revisions when you use the Service after any such modification is posted.
3. Conditions for General Use
MartialArtsZen provides Content through its website and through the Service that is copyrighted and/or trademarked work of MartialArtsZen or MartialArtsZen third-party licensors and suppliers or other users of the Content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, MartialArtsZen hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service, including MartialArtsZen website, solely for your personal use. Except for the foregoing license, you have no other rights in the Service, including MartialArtsZen website, or any Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service, including MartialArtsZen website, or any Content in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.
The Service may include and may make use of certain functionality and services provided by third-parties that allow MartialArtsZen to include maps, geocoding, places and other content from third-parties as part of the Service.
5. Code of Conduct
In using the Service, you agree to behave in a civil and respectful manner at all times. Further, you will not:
MartialArtsZen has the right, but not the obligation, to monitor all conduct on and content submitted to the Service. MartialArtsZen reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes.
6. Access and Use of the Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
7. General Registration Requirements
In order to access some features of the Service, you will have to create a MartialArtsZen account.
8. Account Password and Security
9. Your Content and Conduct
If you send or transmit any communications, comments, questions, suggestions, or related materials to MartialArtsZen, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and MartialArtsZen is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that MartialArtsZen is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
10. Links to Third-Party Sites.
11. Content Standards
Content you submit must not:
Changes. MartialArtsZen may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in MartialArtsZen sole discretion. MartialArtsZen may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you do not cancel your subscription, you will be deemed to have accepted the new fees.
Withholding Tax. If you are required under any applicable law, regulation or government order to withhold any taxes on any amounts payable by you to MartialArtsZen under these Terms, then the amount payable shall be increased to such amount which, after making all required withholdings or deductions of taxes therefrom, will equal the amount payable hereunder had no such withholding taxes or deductions been required. For avoidance of doubt, such withheld amounts may not be claimed as a reduction or offset against any payments due to MartialArtsZen under these Terms. You shall make such withholdings or deductions and shall pay the full amount withheld or deducted to the appropriate government authorities according to applicable laws. You shall obtain and furnish to MartialArtsZen, within sixty (60) days of such a payment of taxes, official tax receipts or other evidence of payment of all such taxes. You shall be solely liable for, and shall indemnify and hold MartialArtsZen and its Affiliates harmless against, any penalties, interest and expenses incurred by or assessed against MartialArtsZen.
Value Added Taxes. The amounts payable under these Terms are exclusive of value added, goods and services, sales, or similar taxes. You shall be responsible for payment of all value added, goods and services, sales, or similar taxes, if any, levied on or deducted from any amounts payable to MartialArtsZen pursuant to these Terms. To the extent applicable law requires any such taxes to be paid by you directly to a governmental authority or to the extent a reverse charge mechanism is available and applicable to you, you shall account for and pay such taxes promptly and receipts or other proof of such payment shall be provided to MartialArtsZen.
14. Health Disclaimer and WARNING
Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. MartialArtsZen is not responsible for any injuries that result from participating in the activities shown on the Service. You understand and agree that martial arts are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of ExperiZen,LLC, or any other person or entity involved with ExperiZen, including without limitation MartialArtsZen, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, representatives and instructors from whatever cause, or any other fault of Century, LLC. Additionally, you agree to indemnify, defend and hold ExperiZen, LLC harmless from any third party claims arising from such High Risk Activities. You expressly waive and release any claim that you may have at any time for injury of any kind against ExperiZen, LLC, MartialArtsZen, or any person or entity involved with MartialArtsZen, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, representatives and instructors.
By using the Service you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. Not all exercises are suitable for everyone. You understand that it is your responsibility to judge your physical and mental capabilities for such activities and to ensure that by participating in classes and activities from MartialArtsZen, you will not exceed your limits while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.
It is advised that you seek the advice of a physician before beginning any physical exercise regimen, routine, or program, including participating in the activities shown on the Service, including the use of any suggested equipment shown in any of the Content. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have physical discomfort, you should stop immediately.
You understand that, from time to time instructors may suggest the use of equipment, physical adjustments, poses, moves and instruction and it is your sole responsibility to determine if any such suggestions or comments are appropriate for your level of ability and physical and mental condition. All such suggestions and comments are not required to be performed by you and are carried out at your election while viewing MartialArtsZen videos and using the Service. Nothing contained in the Service should be construed as any form of medical advice or diagnosis.
15. Proprietary Rights
ÓMartialArtsZenÓ, and the MartialArtsZen logo are trademarks of ExperiZen, LLC in the United States and in other countries. Other trademarks, names and logos on this MartialArtsZen website are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on MartialArtsZen website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of MartialArtsZen, Copyright © 2016 ExperiZen, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
16. Intellectual Property Infringement.
MartialArtsZen respects the intellectual property rights of others, and we ask you to do the same. MartialArtsZen may, in appropriate circumstances and at our discretion, terminate service and/or access to MartialArtsZen website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website, please provide MartialArtsZen designated agent the following information:
MartialArtsZen agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to MartialArtsZen designated agent that includes all of the following information:
Termination of Repeat Infringers
MartialArtsZen reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
17. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPERIZEN, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MARTIALARTSZEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO MartialArtsZen WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL
The Service is controlled and offered by MartialArtsZen from its facilities in the United States of America. MartialArtsZen makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MartialArtsZen, its parent corporation, officers, directors, employees and agents, 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:
20. Ability to Accept Terms of Service
You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MartialArtsZen without restriction.
22. Electronic Communications
By using the Service, you consent to receiving electronic communications from MartialArtsZen. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with MartialArtsZen. You agree that any notices, agreements, disclosures or other communications that MartialArtsZen sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You agree that: