MasutatsuOyama.com - Terms & Conditions

Terms & Conditions

This Agreement (the "Agreement"), between you and MasutatsuOyama.com (the "Company"), governs your use of the site at www.MasutatsuOyama.com (the "Site") and the Company's services (the "Services"). By accessing the Site, you accept these terms and conditions. If you do not accept all of the terms and conditions of this Agreement, do not use the Site.

The Company may amend this Agreement at any time by posting the amended terms on the Site. The amended terms will be effective when posted on the Site for 15 days or after you have otherwise been made aware of them, and they are effective for all use of the Site and Services after that date.

Acceptable site use

The Site may be used only for lawful purposes by individuals or a family looking for more informations about Sosai Masutatsu Oyama and Kyokushin Karate at MasutatsuOyama.com. You agree to provide truthful and accurate information.

Prohibited uses

The Company specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:

- Posting any incomplete, false, or inaccurate biographical information or information that is not your own biographical information.

- Posting any material that is defamatory, obscene, threatening, abusive, or hateful.

- Posting any franchise, pyramid-scheme, distributorship or sales representative agency arrangement, or other business opportunity.

- Transmitting, distributing, storing, or destroying material in violation of any applicable law or regulation, or in a manner that infringes the copyright, trademark, trade secret, or other intellectual property rights of others.

- Violating the privacy, publicity, or other personal rights of others.

- Deleting or altering material posted by others.

- Using any device, software, or routine to interfere or attempt to interfere with the Site.

- Taking any action that imposes an unreasonable load on the Site's infrastructure.

- Sharing your password with third parties or using your password for an unauthorized purpose.

- Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation: browsers, spiders, robots, avatars, or intelligent agents)to navigate or search the Site, other than the search engine and search agents available from the Company on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

- Attempting to decipher, decompile, disassemble, or reverse-engineer the Site.

Site security rules

Users are prohibited from violating or attempting to violate the security of the Site, including without limitation:

- Accessing data not intended for such user, or logging into a server or account that the user is not authorized to access.

- Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.

- Attempting to interfere with service to any user, host, or network, including without limitation: via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mail bombing", or "crashing".

- Sending unsolicited email, including promotions and/or advertising of products or services.

- Forging any TCP/IP packet header or any part of the header information in any email.

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve security violations, and it may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Termination

If you breach this Agreement, the Company may, in its sole discretion, pursue all legal remedies, including but not limited to, deleting your postings from the Site, terminating your registration, and ceasing your access to the Site or any other Service provided to you.

This site is owned and operated by MasutatsuOyama.com. Unless otherwise specified, all materials appearing on this site, including the text, site design, code, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of MasutatsuOyama.com, Copyright 2002-2021 MasutatsuOyama.com, ALL RIGHTS RESERVED. The Company authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the Company's prior written permission. You must retain all copyright, trademarks, service mark, and other proprietary notices contained in the original Material on any duplication you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site, or in a networked computer environment, for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate its pages. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Property Rights

The Company owns all right, title and interest in Company's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This Agreement does not constitute a license to you to use the Company's trade names or service marks.

MasutatsuOyama.com are trademarks or service marks of MasutatsuOyama.com. All custom graphics, icons, logos and service names are trademarks or service marks of MasutatsuOyama.com. All other trademarks or service marks are property of their respective owners. The use of any MasutatsuOyama.com trademark or service mark without MasutatsuOyama.com's express written consent is strictly prohibited.

Our online Privacy Policy forms a part of these Agreement. Supplemental Terms also contain additional and different terms, including without limitation regarding the collection, use, and sharing of personal information provided in connection with the use of such services, which you should read carefully before using such services.

Links disclaimer

The Site contains links to sites owned and controlled by third parties. The Company is not responsible for the content of third party sites. The inclusion of any link to such sites does not imply endorsement by the Company of the sites.

Warranty disclaimer

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE IN TERMS OF ITS ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY PROVIDES THE SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Disclaimer of accuracy

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. THE COMPANY RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. NEITHER THE COMPANY NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, MISUSE AND ALTERATION OF THE INFORMATION, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Indemnity

You agree to defend and indemnify the Company, its officers, directors, employees, and agents, against any claims, actions, or demands, including without limitation reasonable attorneys' fees, resulting from your use of the Material or your breach of the terms of this Agreement. The Company may assist, at your expense, in defending any such claim, suit or proceeding.

Disputes

We will attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid subscriptions and other than injunctive relief) will be subject to arbitration upon written demand of either party. Arbitration will take place in Phoenix, Arizona, or at another location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties will each choose an arbitrator, and the two arbitrators will choose a third arbitrator and determine the third arbitrator's compensation. Each party will have one veto over the choice of the third arbitrator. The three arbitrators will schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party will pay the costs of its own arbitrator, and will pay half of the other costs of the arbitration proceeding. Each party will have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators will render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, will not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party will be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

Registration Period

When it will be available, registration to our website will be FREE.

Jurisdiction

The Company controls and operates the Site and makes no representation that the Site is appropriate or available for use from other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.

Governing law and venue

This Agreement is governed by the laws of the State of Arizona, United States of America, notwithstanding its conflicts of law principles. All disputes or claims arising out of use of the Site will be resolved in the Federal District Court for the District of Arizona.

Additional terms of use

Certain areas of the Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Miscellaneous

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between parties relating to the use of the Site.

Changes to the Terms and Conditions

These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The Company shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.