DojoScore Terms of Service Agreement

Last updated March 1, 2010
By using the DojoScore.com website (the "Service") you (the "Member") agree to the following terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the DojoScore.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service.
DojoScore is providing Member with means to access and publish information on martial arts styles, schools, and practitioners. Member must provide: (i) all equipment necessary for their own Internet connection, including computer and modem; (ii) provide for Member's access to the Internet; and (iii) pay any fees related with such connection.
Eligibility.
Member represents and warrants that they have not previously been suspended by DojoScore or removed from the Service; that they do not have more than one DojoScore account at any given time; that they are at least thirteen years of age; and that they have full power and authority to enter into these Terms of Service.
2. Disclaimer of Warranties.
The site is provided by DojoScore on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, DojoScore makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. DojoScore shall have no liability for any interruptions in the use of this Website. DojoScore disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions the above-referenced exclusion is inapplicable.
3. Limitation of Liability.
DojoScore shall not be liable for any damages whatsoever, and in particular DojoScore shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if DojoScore has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; in such jurisdictions those limitations are inapplicable.
4. Indemnification.
Member agrees to indemnify and hold DojoScore, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Member's Account.
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify DojoScore of any unauthorized use of Member's account, or any other breach of security known to the Member. Member's right to use the Service is personal to the Member. DojoScore reserves the right to close Member's account and terminate access to the Service for any or no reason, without refund or other compensation.
6. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
7. Additional Restrictions on Use.
Member agrees not to use the Service to defraud or harass another person; Not to resell or make any commercial use of the Service, except as expressly allowed in writing by DojoScore; Not to post knowingly false, misleading, or defamatory materials; and Not to use the Service to violate any third-party copyright, privacy right, or other intellectual or proprietary right.
8. Our Use of Your Contributions.
By contributing content to the Service, Member grants DojoScore non-exclusive, irrevocable rights to display, distribute, and otherwise use the content for any purpose, without attribution or compensation.
DojoScore reserves the right to remove your content from the Service, or to reinstate it, at our sole discretion.
9. Modifications and Interruption to Service.
DojoScore reserves the right to modify or discontinue the Service with or without notice or refund to the Member. DojoScore shall not be liable to Member or any third party should DojoScore exercise its right to modify or discontinue the Service. Member acknowledges and accepts that DojoScore does not guarantee continuous, uninterrupted or secure access to the website, and operation of the website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
10. Third-Party Sites.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
DojoScore makes no warranties or representations whatsoever with regard to any product provided or offered by any third party, and you acknowledge that any reliance on representations and warranties provided by any third-party entity shall be at your own risk.
11. Disclaimer Regarding Accuracy of Information.
Information on this website has been provided by other Members, business partners, and publicly available sources. While DojoScore makes an effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
12. Governing Law and Jurisdiction.
Our website is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.
13. Copyright and Trademark Information.
Content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof may be the copyrighted property of DojoScore and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DojoScore is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DojoScore.
Trademarks displayed on DojoScore website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. In addition, such use of trademarks or links to the web sites of trademark owners is not intended to imply, directly or indirectly, that those entities endorse or have any affiliation with DojoScore.
14. Notification of Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, DojoScore designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Chris Marshall
811 N 130th St
Suite 305
Seattle, WA 98133
15. Other Terms.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority to bind us in any respect whatsoever.
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by DojoScore, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Statement.
Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
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