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In addition, and without limiting 8.A above, upon checking in to any experience on or related to ALCHEMYKARATEACADEMY.COM, your “
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You shall use ALCHEMYKARATEACADEMY.COM for lawful purposes only. You shall not post or transmit through ALCHEMYKARATEACADEMY.COM any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without KCM’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by KCM in KCM’s discretion, restricts or inhibits any other User from using or enjoying ALCHEMYKARATEACADEMY.COM will not be permitted. You shall not use ALCHEMYKARATEACADEMY.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with ALCHEMYKARATEACADEMY.COM.
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Names may not be used that harass or damage the reputation of another user, or any KCM Party.
Names may not be a name or handle of any KCM employees or agents, or participants in competitions operated or sponsored by KCM (“Participants”) (unless, in the case of a handle, you are that employee, agent or participant).
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Without limiting any other term herein, if you submit any User Content (including, but not limited to, any screen name) or participate in an Interactive Area within or in connection with ALCHEMYKARATEACADEMY.COM, you agree to abide by the following Rules of Conduct:
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YOU SPECIFICALLY ACKNOWLEDGES THAT THE KCM PARTIES AND THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, PARTICIPANTS, VENDORS AND LICENSORS SHALL NOT IN ANY EVENT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ANY KCM PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ALCHEMYKARATEACADEMY.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, PARTICIPANTS, VENDORS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF KARATE.COM OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF ALCHEMYKARATEACADEMY.COM, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON ALCHEMYKARATEACADEMY.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING ALCHEMYKARATEACADEMY.COM. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE KCM PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ALCHEMYKARATEACADEMY.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, PARTICIPANTS, VENDORS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ANY KCM PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ALCHEMYKARATEACADEMY.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, PARTICIPANTS, VENDORS AND LICENSORS ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF KARATE.COM OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
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Indemnification. You shall defend, indemnify and hold harmless the KCM Parties and their respective directors, officers, shareholders, members, employees, agents, third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of ALCHEMYKARATEACADEMY.COM by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions. KCM reserves the right to take over the exclusive defense of any claim for which the KCM Parties entitled to indemnification under this Section. In such event, you shall provide KCM with such cooperation as is reasonably requested by KCM.
The content, data, video, and all other material and features on ALCHEMYKARATEACADEMY.COM are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of ALCHEMYKARATEACADEMY.COM, and/or the provision of content, services, and/or technology on or through ALCHEMYKARATEACADEMY.COM shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Texas applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, and the courts in the State of Texas, and El Paso County, Texas shall be the exclusive forum for any disputes.
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of ALCHEMYKARATEACADEMY.COM, and/or the provision of content, services, and/or technology on or through ALCHEMYKARATEACADEMY.COM, KCM or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to KCM by email to KattegoryMarketing@gmail.com AND by U.S. Mail to ALCHEMY KARATE ACADEMY, 1613 N Zaragoza Rd 79936 El Paso, Texas. To the extent that KCM has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. KCM and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. KCM and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, KCM or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of ALCHEMYKARATEACADEMY.COM.
For residents outside the United States, arbitration shall be initiated in El Paso County, Texas, and KCM and you agree to submit to the personal jurisdiction of any state or federal court in and for El Paso County, Texas, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, KCM and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any KCM Party, present or future parent or affiliated company of KCM, or any person or entity involved in creating, producing or distributing ALCHEMYKARATEACADEMY.COM, including, without limitation, third-party content providers, Participants, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of ALCHEMYKARATEACADEMY.COM, and/or the provision of content, services, and/or technology on or through ALCHEMYKARATEACADEMY.COM.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in El Paso County, Texas.
The terms of this provision will also apply to any claims asserted by you against any KCM Party, present or future parent or affiliated company of KCM, or any person or entity involved in creating, producing or distributing ALCHEMYKARATEACADEMY.COM, including, without limitation, third-party content providers, Participants, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of ALCHEMYKARATEACADEMY.COM, and/or the provision of content, services, and/or technology on or through ALCHEMYKARATEACADEMY.COM.
Neither KCM nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Some but not all KCM content may be created to fit terms of the distributor. Event content may exclude portions of referee breaks and other time used for event coordination purposes.
Notice of Infringement of Copyright.
KCM respects the rights of all copyright holders and in this regard, KCM has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KCM’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
ALCHEMY KARATE ACADEMY, 1613 N Zaragoza Rd 79936 El Paso, Texas
Email: Alchemykarateacademy@live.com For web posting, reprint, transcript or licensing requests for KCM or Alchemy Karate Academy material, contact Alchemykarateacademy@live.com
For any questions or requests other than copyright issues or licensing requests, please contact Alchemykarateacademy@live.com