TERMS & CONDITIONS OF USE AGREEMENT
Last Modified 11/21/2019
Thank you for using Veris Advantage Media, Inc. d/b/a Kung Fu On-Demand with its website ("Kungfuondemand.com ") offers real martial arts / Kung Fu teaching videos and brings together a community of people who share a passion for martial arts and fitness.
1. Acceptance of the Terms and Agreement to be Bound
These Terms of Service ("Terms of Service" or "Terms") govern your access to and use of the websites, products, data, services, and Content provided to you on, from, or through the Kungfuondemand.com website owned by Veris Advantage Media, Inc. d/b/a Kung Fu On-Demand, any Kung Fu On-Demand software, and any applications created by Kung Fu On-Demand whether available through a social networking site or its subsidiaries or affiliated companies ("Service"). We reserve the right to withdraw or amend the Service, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. As used herein, "Content" includes the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service.
2. Changes to the Terms
We may modify these Terms of Service and policies at any time, and such modification shall be effective upon its posting on this website. You agree to be bound by such modifications or revisions when you use the Service after any such modification is posted.
3. Conditions for General Use
Kung Fu On-Demand provides Content through its website and through the Service that is copyrighted and/or trademarked work of Kung Fu On-Demand or Kung Fu On-Demand’s third-party licensors and suppliers or other users of the Content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Kung Fu On-Demand hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service, including Kung Fu On-Demand’s website, for your personal use only. Except for the foregoing license, you have no other rights in the Service, including Kung Fu On-Demand’s website, or any Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service, including Kung Fu On-Demand’s website, or any Content in any manner.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Content.
1. You agree not to use the Service for any commercial uses except as required by Kung Fu On-Demand in order to provide services to Kung Fu On-Demand, or unless you obtain Kung Fu On-Demand’s prior written approval.
2. You agree not to copy, upload, republish or distribute in any medium any part of the Service (including the Content, and including screenshots of Kungfuondemand.com) without Kung Fu On-Demand’s prior written authorization, unless Kung Fu On-Demand makes available the means for such distribution through functionality offered by the Service (such as a built-in sharing flows or an Embeddable Video Player).
3. You agree not to alter or modify any part of the Service, including the video player that is incorporated into the Service and the Content.
4. You agree not to index or frame the Service (including the video player that is incorporated into the Service and the Content) through any technology or means other than the video playback pages of the Service itself.
5. The Service is protected by copyright, trademark, and other laws of United States and foreign countries. Nothing in these Terms gives you the right to use the Kung Fu On-Demand name or any of the Kung Fu On-Demand trademarks, logos, domain names, and other distinctive brand features. You agree that, as between you and Kung Fu On-Demand, Kung Fu On-Demand owns and retains all right, title, and interest in and to the Kung Fu On-Demand Content and Service. The Service (including the Content), and the trademarks, service marks and logos on the Service, are owned by or licensed to Kung Fu On-Demand, subject to copyright and other intellectual property rights under the law.
6. You agree not to use or launch any automated system on the Service, including without limitation, "robots," "spiders," or "offline readers," (other than individually performed searches on publicly accessible search engines or for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices of the Service).
7. You agree not to introduce viruses or any other computer programs that interrupt, disable, overburden, or gain unauthorized access to the Service, including Kung Fu On-Demand’s servers, computer network, or user accounts.
8. You agree to not access or tamper with non-public areas of the Service, Kung Fu On-Demand’s computer systems, or the technical delivery systems of Kung Fu On-Demand’s providers.
9. You agree to not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
10. You agree not to solicit, collect or harvest any personally identifiable information, including account names, from the Service, or from Kung Fu On-Demand users.
11. You agree not to use the communication systems provided by the Service (e.g., comments, messaging) for any commercial solicitation purposes or to spam users of the Service.
12. You agree not to solicit, for commercial purposes, any users of the Service.
13. You agree to comply with all applicable laws in your use of the Service, including patent, trademark, copyright, privacy, or other proprietary rights.
14. We reserve the right to immediately terminate or restrict your account or your use of the Service or access to Content at any time, without notice or liability, if Kung Fu On-Demand determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Service or access to Content if such use places an undue burden on our networks or servers.
4. Native Applications
Kung Fu On-Demand makes available software that allows you to access the Kungfuondemand.com website and the Service from mobile and set-top devices ("Native Application(s)"). To use a Native Application, you must have a device that is compatible with the application. Kung Fu On-Demand does not warrant that the Native Applications will be compatible with your particular device. Kung Fu On-Demand hereby grants to you a non-exclusive, non-transferable, revocable license to use the Native Applications. You may not:
1. modify, disassemble, decompile or reverse engineer the Native Applications, except to the extent that such restriction is expressly prohibited by law;
2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Native Applications to any third-party or use the Native Applications to provide time sharing or similar services for any third-party;
3. make any copies of the Native Applications;
4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Native Applications, features that prevent or restrict use or copying of any content accessible through the Native Applications, or features that enforce limitations on use of the Native Applications; or
5. delete the copyright and other proprietary rights notices on the Native Applications. You acknowledge that Kung Fu On-Demand may from time to time issue upgraded versions of the Native Applications and may automatically electronically upgrade the version of the Native Application that you are using on your device. You consent to such automatic upgrading on your device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Native Applications or any copy thereof, and Kung Fu On-Demand and its third-party licensors or suppliers retain all right, title, and interest in and to the Native Applications (and any copy of the Native Applications). Standard carrier data charges may apply to your use of the Native Applications.
The Service may include and may make use of certain functionality and services provided by third-parties that allow Kung Fu On-Demand to include maps, geocoding, places and other content from third-parties as part of the Service.
6. Code of Conduct
In using the Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service.
Kung Fu On-Demand has the right, but not the obligation, to monitor all conduct on and content submitted to the Service. Kung Fu On-Demand reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes.
7. Access and Use of the Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
1. Content is provided to you "AS IS". You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not download any Content unless you see a "download" or similar link displayed by Kung Fu On-Demand on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purposes. Kung Fu On-Demand and its licensors reserve all rights not expressly granted in these Terms to the Service and the Content.
2. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
3. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Kung Fu On-Demand is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kung Fu On-Demand with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Kung Fu On-Demand, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
4. YouTube videos viewable on Kung Fu On-Demand are governed by YouTube’s Terms of Service.
8. General Registration Requirements
In order to access some features of the Service, you will have to create a Kung Fu On-Demand account.
1. You agree to provide accurate and complete information when creating your account. It is your responsibility to maintain and promptly update the information on your account to keep it true, accurate, current and complete.
2. Kung Fu On-Demand’s Content is not directed to persons under thirteen (13) years of age, and by providing information about yourself to KungFuOnDemand.com, you are representing that you are thirteen (13) years of age or older. In consideration of your use of the Service, you represent that you are either of legal age to form a binding contract (eighteen (18) or older) or your parent or legal guardian agrees to these Terms on your behalf, and you are not a person barred from receiving services under the laws of United States or other applicable jurisdiction.
3. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kung Fu On-Demand reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
9. Account Password and Security
1. You may never use another's account without permission.
2. You may not share, give or sell your password or username to any other person or entity.
3. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kung Fu On-Demand immediately of any breach of security or unauthorized use of your account.
4. Although Kung Fu On-Demand will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kung Fu On-Demand or others due to such unauthorized use.
5. Kung Fu On-Demand reserves the right to terminate any user account it believes has been compromised, or is being used fraudulently, at its own discretion.
6. Currently, Kung Fu On-Demand also provides you with the ability to register for an account on the Service using your existing account and log-in credentials through certain third-party websites, which may change from time to time.
10. Your Content and Conduct
1. As a Kung Fu On-Demand account holder you may submit Content to the Service, including photos, videos, video collections and user comments. You understand that Kung Fu On-Demand does not guarantee any confidentiality with respect to any Content you submit.
2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Kung Fu On-Demand all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Kung Fu On-Demand, you hereby grant Kung Fu On-Demand a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Kung Fu On-Demand's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Kung Fu On-Demand may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
4. Kung Fu On-Demand does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Kung Fu On-Demand expressly disclaims any and all liability in connection with Content. Kung Fu On-Demand does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Kung Fu On-Demand will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Kung Fu On-Demand reserves the right to remove Content without prior notice.
5. Kung Fu On-Demand may at any time, without prior notice and in its sole discretion, remove or modify such Content and terminate a user's account for submitting material in violation of these Terms of Service.
6.You agree to pay for all royalties, fees, damages and any other monies owing any person because of any Content posted by you to or through the Service.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Kung Fu On-Demand, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Kung Fu On-Demand is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Kung Fu On-Demand is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
11. Links to Third-Party Sites.
12. Content Standards
Content you submit must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
- Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
- Promote any illegal activity, or advocate, promote or assist any unlawful act
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization
- Involve commercial activities or sales
- Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
Subscription Fees. If you purchase a subscription, you agree to pay the charges made to your account in connection therewith. You will be charged in accordance with the billing terms you agreed to at the time you signed up. Subscriptions automatically renew at the beginning of each billing period (e.g., month, bi-annually or year) which means that by signing up for a subscription membership you agree to have your credit card automatically billed each period until you cancel your subscription. If you do not pay on time or if Kung Fu On-Demand cannot charge your credit card or another payment method for any reason, Kung Fu On-Demand reserves the right to either suspend or terminate your access to the Service and terminate these Terms. You may cancel your subscription, but note that your cancellation will take effect starting at the end of your current billing period. So, if you cancel mid-period, your cancellation will take effect as of the following period. There are no refunds on subscriptions for billing periods that have already started. Each membership and the rights and privileges provided to a member is personal and non-transferable.
- Member Account, Password and Security: You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Kung Fu On-Demand of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Kung Fu On-Demand will not be liable for any loss or damage arising from your failure to comply with this Section.
- Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Kung Fu On-Demand has adopted a policy of terminating, in appropriate circumstances and at Kung Fu On-Demand's sole discretion, users who are deemed to be repeat infringers. Kung Fu On-Demand may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Authorization. When you provide a payment method to Kung Fu On-Demand, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each period for the subscription membership. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION MEMBERSHIP OR ACCESS THE KUNG FU ON-DEMAND APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. In certain limited circumstances, we will offer subscriptions for a longer term (e.g., 6 months or even a year). These longer-term subscriptions are charged in full upon purchase and automatically renew for the same duration as the initial subscription term you selected (e.g., 6 months subscriptions will renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term.
Changes. Kung Fu On-Demand may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Kung Fu On-Demand’s sole discretion. Kung Fu On-Demand may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you do not cancel your subscription, you will be deemed to have accepted the new fees.
15. Health Disclaimer
Kung Fu On-Demand is not responsible for any injuries that result from participating in the activities shown on the Service. You expressly waive and release any claim that you may have at any time for injury of any kind against Kung Fu On-Demand, or any person or entity involved with Kung Fu On-Demand, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
By using the Service you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. Not all exercises are suitable for everyone. You understand that it is your responsibility to judge your physical and mental capabilities for such activities and to ensure that by participating in classes and activities from Kung Fu On-Demand, you will not exceed your limits while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. It is advised that you seek the advice of a physician before beginning any physical exercise regimen, routine, or program, including participating in the activities shown on the Service, including the use of any suggested equipment shown in any of the Content. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have physical discomfort, you should stop immediately. You understand that, from time to time instructors may suggest the use of equipment, physical adjustments, poses, moves and instruction and it is your sole responsibility to determine if any such suggestions or comments are appropriate for your level of ability and physical and mental condition. All such suggestions and comments are not required to be performed by you and are carried out at your election while viewing Kung Fu On-Demand videos and using the Service. Nothing contained in the Service should be construed as any form of medical advice or diagnosis.
16. Proprietary Rights/Copyright
Kung Fu On-Demand, "Kungfuondemand.com" and the logo are trademarks of Kung Fu On-Demand owned by Veris Advantage Media, Inc. in The United States. Other trademarks, names and logos on Kung Fu On-Demand’s website are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on Kung Fu On-Demand’s website, including videos, documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Veris Advantage Media, Inc., Copyright © 2019 Veris Advantage Media, Inc.,. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
17. Intellectual Property Infringement.
Kung Fu On-Demand respects the intellectual property rights of others, and we ask you to do the same. Kung Fu On-Demand may, in appropriate circumstances and at our discretion, terminate service and/or access to Kung Fu On-Demand’s website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website, please provide Kung Fu On-Demand’s designated agent the following information:
- 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 copyrighted and/or trademarked work claimed to have been infringed, or, if multiple 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 at Kung Fu On-Demand’s website, and information reasonably sufficient to permit Kung Fu On-Demand to locate the material.
- Information reasonably sufficient to permit Kung Fu On-Demand to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Kung Fu On-Demand’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Veris Advantage Media, Inc.
101 West Big Beaver Road
Troy, MI 48084
18. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KUNG FU ON-DEMAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. KUNG FU ON-DEMAND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO KUNG FU ON-DEMAND’S WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. KUNG FU ON-DEMAND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KUNG FU ON-DEMAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING 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.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL
1. KUNG FU ON-DEMAND BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, UPLOADING OR DOWNLOADING ANY CONTENT TO OR FROM KUNG FU ON-DEMAND’S WEBSITE OR SERVICES,
2. KUNG FU ON-DEMAND BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OR RELATING TO THE SERVICES OR KUNG FU ON-DEMAND’S WEBSITE, EVEN IF KUNG FU ON-DEMAND KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
3. KUNG FU ON-DEMAND’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND KUNG FU ON-DEMAND’S WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO KUNG FU ON-DEMAND FOR THE SERVICES AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. KUNG FU ON-DEMAND DISCLAIMS ALL LIABILITY OF ANY KIND OF KUNG FU ON-DEMAND’S LICENSORS AND SUPPLIERS.
The Service is controlled and offered by Kung Fu On-Demand from its facilities in Troy, Michigan, United States. Kung Fu On-Demand makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Veris Advantage Media, Inc / Kung Fu On-Demand, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
1. your use of and access to the Service;
2. your violation of any term of these Terms of Service;
3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
21. Ability to Accept Terms of Service
You affirm that you are either eighteen (18) years of age or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, or if you are younger than eighteen (18) your parent or legal guardian has agreed on your behalf that you are able to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kung Fu On-Demand without restriction.
23. Electronic Communications
By using the Service, you consent to receiving electronic communications from Kung Fu On-Demand. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with Kung Fu On-Demand. You agree that any notices, agreements, disclosures or other communications that Kung Fu On-Demand sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
24. Refund Policy
Money Back Guarantee: Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service you purchase through a third-party marketplace should you become dissatisfied with the Service within the first 14 days after purchase, Kung Fu On-Demand will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 14 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Kung Fu On-Demand's sole discretion. If Kung Fu On-Demand determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 14-day money back guarantee, email Support at [email protected]
25. Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
26. Questions? Concerns? Suggestions?
Please contact us or [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
©2019 Kung Fu On-Demand, Inc. All rights reserved.