|
The
section titles in the Terms of Service are for convenience only and have no
legal or contractual effect.
1.
ACCEPTANCE OF TERMS
The
Jikishin Ju-jitsu Association, its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees (collectively the “JJSA”)
provide the Internet website www.ju-jitsu.co.za (the “Website”) to you
subject to the following Terms of Service ("TOS"), which may be updated by
us at any time without notice to you. You can view the most current version
of the TOS at any time on the Website by following the Terms of Service
hyperlink at the bottom of our Web pages.
By
continuing to access the Website (a) you agree to be bound by the following
terms and conditions, and (b) you further affirm that either you are of
legal age to form a binding contract, or that you have the express consent
to access the Website, of your legal guardian, who is of legal age to form a
binding contract and has read, understands and agrees to the TOS.
2.
DESCRIPTION OF SERVICE
The JJSA
provides you with access to various resources, including articles, download
areas, communication forums and product information (collectively the
"Service"). The Service, including any updates, enhancements, and/or new
features, is subject to the TOS. The JJSA reserves the right to add, remove
or modify any part of the Service at any time with or without notice to you.
You agree that JJSA shall not be liable to you or to any third party for any
modification, suspension or discontinuance of any part of the Service.
3.
PURPOSE OF SERVICE
The JJSA
maintains the Website to enhance public access to information about the
initiatives and policies of the JJSA, and ju-jitsu in general. Our goal is
to keep this information timely and accurate. If errors are brought to our
attention, we will try to correct them. However the JJSA accepts no
responsibility or liability whatsoever with regard to the information on
this site.
4.
SELECTION OF FORUM
The TOS
and the relationship between you and the JJSA shall be governed by the laws
of the Republic of South Africa without regard to its conflict of law
provisions. You agree to submit to the personal and exclusive jurisdiction
of the courts located within the Republic of South Africa.
5. LOCAL
JURISDICTION
You
expressly understand and agree to comply with all local laws and regulations
regarding online conduct and acceptable content, without limitation to
Section 4. In the event that you accessing the Service is in violation of
local laws, you assume full responsibility, and you expressly indemnify and
hold blameless the JJSA.
6. THIRD
PARTY INDEMNITY
You
expressly understand and agree to indemnify and hold harmless the JJSA from
any claim or demand, including all attorneys' fees, made by any third party
due to or arising out of content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
7.
DISCLAIMER
You
expressly understand and agree that:
Your use
of the service is at your sole risk. The service is provided on an "as is"
and "as available" basis. The JJSA expressly disclaims all warranties of any
kind, express or implied, including inter alia the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
The JJSA
expresses no warranty that (i) the Service will meet your requirements, (ii)
the Service will be uninterrupted, timely, secure, or error-free, (iii) the
results that may be obtained from the use of the Service will be accurate or
reliable, (iv) the quality of any products, services, information, or other
material purchased or obtained by you through the Service will meet your
expectations, and (v) any errors in the software will be corrected.
Any
material downloaded or otherwise obtained through the use of the Service is
done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of any such material.
No advice
or information, whether oral or written, obtained by you from the JJSA or
through or from the Service shall create any warranty not expressly stated
in the TOS.
8.
LIMITATION OF LIABILITY
You
expressly understand and agree that the JJSA shall not be liable to you for
any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if the JJSA has been
advised of the possibility of such damages), resulting from: (i) the use or
the inability to use the Service; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered into
through or from the Service; (iii) unauthorized access to or alteration of
your transmissions or data; (iv) statements or conduct of any third party on
the Service; or (v) any other matter relating to the Service.
9.
EXCLUSIONS AND LIMITATIONS
Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of sections 7 and 8 may
not apply to you.
10.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You
expressly understand and agree that unless otherwise specified, the Service
is for your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products
or services obtained from the Service.
11.
PRIVACY POLICY
All
information that is collected on the Website is subject to our privacy
policy. You can view the most current version of the privacy policy at any
time on the Website by following the Privacy Policy hyperlink at the bottom
of our Web pages.
12.
MEMBERSHIP ACCOUNT, PASSWORD, AND SECURITY
If any
part of the Service requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify the JJSA immediately of any unauthorized
use of your account or any other breach of security. The JJSA will not be
liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by the JJSA or a third party
caused by someone else using your account or password. You may not use
anyone else's account at any time.
13. USE
OF SERVICE
You
expressly understand and agree not to use the Service to:
13.1
perform any action that is unlawful or prohibited by these terms,
conditions, and notices;
13.2
obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Services;
13.3
impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
13.4
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
13.5
collect or store personal data about other users;
13.6 use
communication services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
13.7
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
13.8 use
any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party;
13.9
upload files that contain viruses, Trojan horses, spy-ware, worms, time
bombs, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
13.10
download any file that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such manner;
13.11
falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded;
13.12
restrict or inhibit any other user from using and enjoying the Service;
13.13
harvest or otherwise collect information about others, including e-mail
addresses;
13.14
use, download or otherwise copy, or provide to a person or entity any
directory of users of the Service or other user or usage information or any
portion thereof;
13.15
attempt to gain wrongful or unauthorised access to the Service and/or other
accounts through hacking, password mining or any other means.
14.
MONITORING OF CONTENT
You
expressly understand and agree that the JJSA, at its sole discretion, may or
may not screen and/or monitor all information, data, text, software, music,
sounds, photographs, graphics, videos, messages, white papers, press
releases, datasheets, FAQs or other materials ("Content"). The JJSA reserves
the right without obligation to screen and/or monitor Content, and to remove
any materials in its sole discretion.
You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content.
15.
ACCESS, PRESERVATIONS AMD DISCLOSURE OF CONTENT
You
expressly understand and agree that the JJSA may access, preserve, and
disclose your account information and Content if required to do so by any
applicable law, regulation, legal process or governmental request, or in a
good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of the JJSA, its users and the public.
16.
CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE
The JJSA
does not claim ownership of the materials you provide to the JJSA (including
feedback and suggestions) or post, upload, input or submit to any Service or
its associated services for review by the general public, or by the members
of any public or private community.
However,
you expressly understand and agree that for Content you submit or make
available for inclusion on publicly accessible areas of the Service, you
grant the JJSA world-wide, royalty free, non-exclusive, perpetual,
irrevocable and fully sublicensable license(s) to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
The JJSA
is under no obligation to post or use any Content you may provide and may
remove any Content at any time in its sole discretion.
By
submitting or otherwise making available any Content, you warrant and
represent that you own or otherwise control all of the rights to such
Content as described in these TOS including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit the
Content. You further warrant and represent that (a) you are the copyright
owner of such Content, or that the copyright owner of such Content has
granted you permission to use such Content consistent with the manner and
purpose of your use and as otherwise permitted by these TOS, (b) you have
the rights necessary to grant the licenses and sublicenses described in this
TOS, and (c) where such Content depicts person(s), each person depicted has
provided consent to the use of the Content as set forth in this TOS.
17.
TRANSMISSION OF THE SERVICE
You
expressly understand and agree that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
18.
DEALINGS WITH ADVERTISERS
You
expressly understand and agree that your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. The JJSA shall
not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
19. LINKS
TO THIRD PARTY SITES
You
expressly understand and agree the Service or any third party may provide
links to other World Wide Web sites or resources. The JJSA is not
responsible for (a) the availability, (b) any Content, advertising,
products, or other materials, and (c) webcasting or any other form of
transmission received from any linked site or any link contained in a linked
site or resource. The JJSA does not endorse and is not responsible or liable
for Content on or available from such sites or resources.
You
further expressly understand and agree that the JJSA shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
20. THIRD
PARTY BENEFICIARIES
You
expressly understand and agree that, except as otherwise expressly provided
in this TOS, there shall be no third party beneficiaries to this agreement.
21.
TRADEMARKS
The
Jikishin Ju-jitsu Association badge and all individual club badges
are trade and/or service marks of the JJSA. You expressly
understand and agree not to display or use in any manner, the trade and/or
service marks of the JJSA without express prior permission in writing from
an authorised official of the JJSA.
22.
COPYRIGHT
The Website and all its
Content is copyright by the JJSA. Reproduction of
articles and other text is authorised, provided the
source is acknowledged, save where otherwise stated.
Where prior permission must be obtained for the
reproduction or use of textual information, such permission shall cancel the
above-mentioned general permission and shall clearly indicate any
restrictions on use. Reproduction of multimedia
content (photographs, images, sound, software, individual club
badges, and the Jikishin Ju-jitsu Association badge) is prohibited, unless
written prior permission is obtained from an
authorised member of the JJSA.
23.
TERMINATION
You
expressly understand and agree that the JJSA reserves the right to terminate
your access to all or part of the Service and terminate your membership at
any time, without notice, for any reason whatsoever.
This
agreement is effective until terminated.
24. THE
JJSA’S PROPRIETARY RIGHTS
You
expressly understand and agree that the Service and any necessary software
used in connection with the Service contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws.
You agree
that Content contained in sponsor advertisements or information presented to
you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by the JJSA or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
25.
GENERAL INFORMATION
You
expressly understand and agree that:
25.1 if
any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect;
25.2 the
TOS constitutes the entire agreement between you and the JJSA and governs
your use of the Service, superceding any prior agreements between you and
the JJSA;
25.3 you
may be subject to additional terms and conditions that may apply when you
use or purchase certain other JJSA services, affiliate services, third-party
content or third-party software;
25.4 the
failure of the JJSA to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision;
25.5
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred;
25.6 any
rights not expressly granted herein are reserved. |
