Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Welcome to Streaming Martial Arts and its related sites (the "Site"), provided by The Martial Arts Studio, LLC. These Terms of Use and any amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with other Artists for products, services, or otherwise. If you register for our Forum additional rules, policies, and disclaimers may apply.

Privacy Policy

Users of this Site should refer to Streaming Martial Arts' Privacy Policy for information about how we use and collect information. You agree that Streaming Martial Arts may disclose your personal information to a third party if we believe in good faith that the law or legal process requires it, to protect the rights or property of Streaming Martial Arts or as otherwise described in the Privacy Policy for Streaming Martial Arts.com.

Product Information

For questions about this Site and your membership, please use the customer service e-mail links found on our Contact Us page.

Our Guarantee

All products on the Site carry at least a 30-day money-back guarantee from the date of sign up in the event that you are not 100% satisfied with your membership. Should you experience any difficulty or delay in securing the proper refund, please visit our Contact Us page.

Order and Payment Information

If you use the Site to purchase a membership, payment must be received by Streaming Martial Arts prior to Streaming Martial Arts' acceptance of an order, unless otherwise agreed by Streaming Martial Arts. Streaming Martial Arts may need to verify information you provide before Streaming Martial Arts accepts membership, and may cancel or limit membership at any time. If payment already has been made and your membership is canceled, Streaming Martial Arts will refund any payment you made for the product in the same tender as the original purchase. Streaming Martial Arts expressly conditions its acceptance of your membership on your agreement to the Terms.

In becoming a member, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Streaming Martial Arts is registered to you. Streaming Martial Arts shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Streaming Martial Arts. You agree that if you are becoming a member on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your membership is sufficient to satisfy the Statute of Frauds, and no further writing is required.

All prices displayed on the Site are quoted in U.S. dollars. Streaming Martial Arts may prohibit membership outside the United States and Canada. Streaming Martial Arts reserves the right without prior notice to discontinue or change specifications and prices on memberships offered on the Site without incurring any obligation to you.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT STREAMING MARTIAL ARTS DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO STREAMING MARTIAL ARTS FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, STREAMING MARTIAL ARTS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES STREAMING MARTIAL ARTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.

ALTHOUGH STREAMING MARTIAL ARTS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, STREAMING MARTIAL ARTS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, STREAMING MARTIAL ARTS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

STREAMING MARTIAL ARTS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

Limitations on Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL STREAMING MARTIAL ARTS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF STREAMING MARTIAL ARTS OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STREAMING MARTIAL ARTS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STREAMING MARTIAL ARTS FOR ANY PRODUCTS SUPPLIED BY STREAMING MARTIAL ARTS THROUGH YOUR USE OF THE SITE.

Streaming Martial Arts will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

Copyright and Trademarks

All Site materials, including, without limitation, the Streaming Martial Arts and Streaming Martial Arts.com logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2007 The Martial Arts Studio, LLC. ALL RIGHTS RESERVED. Streaming Martial Arts or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Streaming Martial Arts or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of Streaming Martial Arts or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Streaming Martial Arts or any third party.

User Conduct

In using this Site, you agree:

• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
• Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
• Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
• Not to use, frame, or utilize framing techniques to enclose any Streaming Martial Arts trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Streaming Martial Arts' express written consent;
• Not to use meta tags or any other "hidden text" utilizing a Streaming Martial Arts name, trademark, or product name without Streaming Martial Arts' express written consent;
• Not to deeplink to this Site without Streaming Martial Arts' express written consent;
• Not to create or use a false identity on this Site;
• Not to collect or store personal data about others;
• Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
• Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Streaming Martial Arts.

In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is Streaming Martial Arts' policy to respect the copyright and intellectual property rights of others. Streaming Martial Arts may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Streaming Martial Arts may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Streaming Martial Arts or any user of our Site has infringed your copyright in any material way, please notify Streaming Martial Arts, and provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• An identification of the copyrighted work claimed to have been infringed;
• An identification of the material that you claim is infringing so that we may locate it on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

Please direct inquiries regarding copyright issues by e-mail to: copyright@streamingMartialArts.com

Indemnification

You agree to indemnify and hold harmless Streaming Martial Arts, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

The terms of this section survive any termination of the Terms.

SEC Disclosure

The information contained within press releases issued by Streaming Martial Arts should not be deemed accurate or current except as of the date the release was posted. Streaming Martial Arts has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Changes to the Site

Streaming Martial Arts may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Streaming Martial Arts shall not be liable therefor.

International Users

This Site is controlled, operated, and administered by Streaming Martial Arts from its offices within the United States of America. Streaming Martial Arts makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Southern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

The terms of this section survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, Streaming Martial Arts reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that Streaming Martial Arts shall not be liable for any termination of your use of or access to the Site.

Severability

If any provision of these Terms shall be deemed 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.

The terms of this section survive any termination of the Terms.

Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

General

The Terms constitute the entire agreement between Streaming Martial Arts and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Streaming Martial Arts to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Streaming Martial Arts, and you do not have any authority to create any obligation or make any representation on Streaming Martial Arts' behalf. You may not assign this agreement, by operation of law or otherwise, without Streaming Martial Arts' written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Streaming Martial Arts and their respective successors and assigns.

The terms of this section survive any termination of the Terms.