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.