Hyper Martial Arts Terms of Service
This Web site is offered to you, the user, by Hyper Martial Arts, Inc. (known herein as "Hyper"), conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained herein. Your use of Hyper constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement"). The Agreement is applicable only to Hyper and not other sites on the World Wide Web owned or operated by Hyper, Inc., its subsidiaries, affiliates and related entities. Hyper may change, add or remove any part of this Agreement, or any other terms associated with the use of Hyper, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Hyper after the notice is posted, you are indicating your acceptance of those changes.
Hyper is only for your personal use. You may not sell or exchange or share your account access. As long as you comply with the terms of this Agreement, Hyper grants you a non-exclusive, non-transferable, limited right to enter, use, Hyper everything on it. You agree not to interrupt or attempt to interrupt the operation of Hyper in any way.
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY FORUM.
This privacy statement is applicable to Hyper content contained therein, and all services and forums provided thereon.
Hyper respects the privacy concerns of all users of Hyper. Hyper also recognizes the valuable potential of technology to help people communicate with the companies whose web sites they visit, particularly through customer databases. Responsible use of the information you share with Hyper is paramount. In order to help you understand how the information you provide Hyper will be used, Hyper has created and implemented the following guidelines.
Your Personal Information
We will not give any of your personal information to any third party without your express approval. The only personal information we will ask you if you want us to share with third parties is your name and e-mail address. If you don't want us to share your name and e-mail address, you can tell us that by clicking on "No" in the box at the time you register as a member on the Station or each time we request information from you or at other points. We sometimes share aggregated (not personal) information with third parties about our user base, but that information does not include any individually identifiable material.
Sweepstakes and Joint Promotions: On occasion, we conduct various sweepstakes, contests and joint promotions with third parties. In those instances, we will specifically notify you of the intended use of your personal information, the relevant third party, and give you the opportunity to permit or preclude your personal information from being used.
What are "Cookies" and how are they used?
Cookies are small files that may be downloaded to your computer to help the operator of a web site understand your usage patterns on that site. They may also improve the performance of a site for an individual by storing on your computer such items as user passwords, computer configuration, browser type, etc.
Most browsers are set to accept cookies without any action required by the user. You can alter that default setting by clicking the help button and following the instructions for your browser. However, if you set your browser not to accept cookies, some parts of Hyper may not work correctly for you.
If you win a contest that has a prize, your parent or guardian will have to mail or fax us a signed note at the address or fax number listed in the rules for the specific contest that says it was OK for you to enter, and tells us they will accept the prize for you.
You will be told to ask a parent before you pay for anything on Hyper if you are under 18. (If you buy anything online, you or your parents may send it back within thirty days if you don't open it.)
Some areas of this web site may have special rules for children under the age of 18. When you are in those areas you must follow those rules.
Parents or guardians are encouraged to spend time online with their children to become familiar with the types of content available on Hyper and the Internet in general. Parents should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your children at the Direct Marketing Association's home page at: http://www.the-dma.org. If your child has used your credit card on Hyper without your permission, contact us immediately.
If a child has provided us with personally identifiable information, a parent or guardian of that child should contact us if he/she would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.
You agree not to do any of the following while on Hyper:
- transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
- impersonate any person or entity.
- intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
- upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
By submitting (e.g., uploading or transmitting) Content to an Hyper Feature, you automatically grant Hyper the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.
Hyper and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Hyper Feature. Without limiting the foregoing, Hyper and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold Hyper harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
Fee-Based Hyper Features
Some contents and/or services on Hyper may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit to Hyper a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use.
- The Station, including, without limitation, all Hyper Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of Hyper and each area contained therein are copyrighted as a collective work under the United States copyright laws. Hyper owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Hyper (including, without limitation, content that Hyper enables you to download) without the express written permission of Hyper and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from Hyper is allowed by you only for your own use. You acknowledge that Hyper and/or third-party content providers remain the owners of all materials posted on Hyper, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
DISCLAIMER OF LIABILITY
- Hyper, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON Hyper, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT Hyper WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Hyper OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH Hyper, INCLUDING, WITHOUT LIMITATION, ALL Hyper FEATURES.
- THE STATION AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF Hyper, INCLUDING, WITHOUT LIMITATION, ALL FEATURES OF Hyper, IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
- THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- IN NO EVENT WILL Hyper, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON Hyper, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE Hyper, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF Hyper OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY.
- IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY Hyper PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING Hyper, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF Hyper.
- Hyper IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON Hyper.
- NEITHER Hyper NOR Hyper FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH Hyper AND NEITHER Hyper NOR Hyper FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Either Hyper or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. We can terminate the Agreement by asking you to stop using Hyper, and, if necessary, by preventing your access to Hyper. Upon termination of this Agreement, you shall have no further rights to use Hyper or its services. Your only right and remedy with respect to any dissatisfaction with Hyper is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of Hyper in operating Hyper, (ii) content available through Hyper or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, Hyper shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of Hyper, without notice, in the event of any conduct by you which Hyper, in its sole discretion, considers to be unacceptable, or for conduct that Hyper believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by Hyper on Hyper, or for other conduct which Hyper believes, in its sole discretion, is harmful to Hyper, other Hyper Members or other users of Hyper. Hyper reserves the right to deny registration of any individual as an Hyper Member and to deny access to Hyper to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.
You agree to indemnify and hold harmless Hyper, Hyper Family and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of Hyper, including, without limitation, all Hyper Features.
This Agreement constitutes the entire agreement between Hyper and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of California, without regard to California's principles of conflict of laws. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.