Chen Style Tai Chi Institute of Hong Kong Company Limited
Terms of Service
Last Updated 06/30/2022
IMPORTANT PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE
CONTINUING
Welcome to Chen Style Tai Chi Institute of Hong Kong Company
Limited! (“Chen Style Tai Chi Institute of Hong Kong”, “us”, “our”
or “we”). We produce content, videos, training materials, products,
services and/or other materials (collectively along with our titles,
features, content, software, updates, audio content, video files,
downloadable content, add-ons, and/or modified versions, “Content”),
made available on our websites, which includes without limitation
taichielite.com among others (collectively the “Site(s)”), and
various mobile applications (“Apps”). These terms and conditions
(collectively, the “Terms” or “Agreement”) define your rights and
obligations related to our Sites, Apps, and Content, your purchase,
use, or downloading of any of our Content, services or offerings,
participation in our events or promotions, and more generally use
any of our other products or services (collectively with the
Content, Apps, and Site, the “Services”).
THIS AGREEMENT ALSO CONTAINS A BINDING INDIVIDUAL ARBITRATION
CLAUSE AND CLASS-ACTION WAIVER PROVISION BELOW. IF YOU ACCEPT THIS
AGREEMENT, YOU AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL
ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR
AS PART OF A CLASS ACTION. THESE TERMS WILL AFFECT YOUR LEGAL
RIGHTS. PLEASE REVIEW THEM CAREFULLY. YOU MAY HAVE A TIME-LIMITED
RIGHT TO OPT OUT.
1. Agreement
By using our Services, you agree to be bound by the terms of this
Agreement. By entering into this Agreement, you are confirming you
are an adult of legal age, you understand and accept this Agreement,
and you are legally and financially responsible for all actions
using or accessing the Services. If you are under the legal age of
majority, your parent or legal guardian must consent to this
Agreement. If you (or your parent or legal guardian) do not or
cannot agree to the terms of this Agreement, you may not use our
Services.
This Agreement is a legal agreement between you and us and it
describes the terms and conditions for using the Services. In
addition, by agreeing to this Agreement, you are also expressly
agreeing and acknowledging that various third-parties may be
exercising some of our rights on our behalf under the Agreement. By
accepting and agreeing to this Agreement, you are also agreeing to
our Privacy Policy, which is expressly incorporated in full into
this Agreement. Our Privacy Policy describes the types of data we
collect from you and your devices, how we use your data, and the
legal bases we have to process your data.
By accepting and agreeing to this Agreement, you are also agreeing
to all terms of service and use, legal requirements, privacy
policies, and any other agreements, terms and conditions of the
third-party platforms used to access, download, store, and/or use
the Services. Please review those third parties’ terms, policies,
and agreements carefully. We are not responsible for the terms,
policies, disclosures or actions of any third-party platforms.
We may modify these Terms at any time, and if we do, we will notify
you by email or by posting the modified Terms. Please review any
modified Terms before you continue using the Services. If you
continue to use the Services, you are bound by the modified Terms.
If you do not agree to be bound by the modified Terms, then you may
not use the Services. By using any of our Services, you represent
that you are at least 18 years old, and that all information you
submit is correct
If you breach these Terms we may take action against you, including
but not limited to terminating your Account and/or disabling your
access to the Services. You acknowledge that we have no obligation
to, and will not, reimburse or refund you for Services or other
purchases and/or downloads lost due to involuntary suspension or
termination of your Account.
2. License Grant
Subject to these Terms and your compliance therewith, Chen
Style Tai Chi Institute of Hong Kong grants to you a personal,
nonexclusive, nontransferable, non-sublicensable, revocable, limited
right and license to play, listen to, display, and use the Content
solely for your permitted use within the Services (collectively, the
“License”). “Content” means the audio and/or video recordings, text,
software, scripts, graphics, photos, sounds, music, videos,
audiovisual combinations, communications, interactive features,
works of authorship of any kind, or other materials that are
generated, provided, or otherwise made available through the
Services.
The rights granted to you under the License are subject to these
Terms and your full compliance with the Terms, and you may only make
use of the License if you comply with all applicable Terms. The
Content is licensed, not sold, to you, and you hereby acknowledge
that no title or ownership in the Content is being transferred or
assigned to you and the Terms should not be construed as a sale of
any rights in the Content. Chen Style Tai Chi Institute of Hong Kong
retains all right, title, and interest to the Content, including,
but not limited to, all copyrights, trademarks, trade secrets, trade
names, proprietary rights, patents, titles, computer codes, audio
files, MP3 files, video files, audiovisual files, themes,
characters, character names, stories, dialog, settings, artwork,
sounds effects, musical works, and moral rights. Chen Style Tai Chi
Institute of Hong Kong has the right to remove some or all of the
Content from the Sites or Apps at any time for any reason.
The Content is protected by the Hong Kong Special Administrative
Region copyright and trademark law and any other applicable
intellectual property laws and treaties throughout the world. You
acknowledge that all copyrights and other intellectual property
rights in the Services are owned by us or our third-party licensors
to the full extent permitted under the Hong Kong Special
Administrative Region Copyright Act and all international copyright
laws and all other applicable laws. All rights in product names,
trade names, logos, service marks, trade dress, slogans, product
packaging, and designs of our Content and Services, whether or not
appearing in large print or with the trademark symbol, belong
exclusively to us or our licensors and are protected from
reproduction, imitation, dilution, or confusing or misleading uses
under national and international trademark and copyright laws.
The Content may not be copied, reproduced, altered, modified, or
distributed in any manner or medium, in whole or in part, without
prior written consent from Chen Style Tai Chi Institute of Hong
Kong. All rights not expressly granted under this Agreement are
reserved by Chen Style Tai Chi Institute of Hong Kong.
3. License and Use Conditions; Community Guidelines (Code of
Conduct)
You agree that you are responsible for your own conduct while using
our Services and/or accessing our Content, and for any consequences
thereof. You may not do or attempt to do any of the following with
respect to the Services, Content, or any parts thereof (Code of
Conduct):
• use the Services, Content, or any parts thereof commercially or
for a promotional purpose, or otherwise commercially exploit same;
• distribute, lease, license, sell, rent, display, or otherwise
transfer or assign the Content, or use them in a way that is not
expressly authorized in the Terms;
• make a copy of any Content, or any part thereof, or otherwise make
same available on a network for use or download;
• modify or delete any portion of the Content, or any audio-video
files made available therein;
• use the Services, Content, or any parts thereof to promote or
endorse any third party causes, ideas, Web sites, products or
services;
• re-produce, edit, re-transmit, redistribute, or in any way
repurpose the Content, or any audio-video files made available
therein;
• remove, disable, circumvent, or modify any proprietary notice or
label or security technology included in the Content;
• use the Services, Content, or any parts thereof to infringe or
violate the rights of any third party, including but not limited to
any intellectual property, publicity, or privacy rights;
• use, export, or re-export the Services, Content, or any parts
thereof in violation of any applicable law or regulation.
• bypass, remove, deactivate, descramble, or otherwise circumvent
any technological measure implemented to protect the Content, or
Services;
• delete, obscure, or in any manner alter any attribution, warning,
or link that appears in the Services, or Content;
• discrimination or make discriminatory comments of any form or
manner, including without limitation on the basis of race, gender,
religion, sex, gender identity, age, disability, ethnic origin, or
sexual orientation when using our Services;
• disparage, defame, name-call, or engage in any form of
intimidation against another user, including swearing or use of any
other inappropriate or offensive language, or making offensive or
insensitive remarks of any kind when using our Services;
• make or post any sexually explicit remarks or images, or engage in
any act of sexual misconduct, including but not limited to sexual
innuendo, sharing sexually explicit content, or making offensive or
inappropriate advances or comments to other users when using our
Services;
• reveal personally identifying information of other users or
infringe on the privacy of other users when using our Services;
• harassing, stalking, spamming, or making any other inappropriate
comments or actions towards other users when using our Services;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the
foregoing.
We reserve the right to discontinue providing our Services or any
parts thereof, and to require that you cease accessing or using same
at any time for any reason, including without limitation if you
violate the Code of Conduct in any way.
You agree that your use of the Services is at your own risk, and
that you will not use the Services to violate any applicable law,
regulation, policies, or instructions as outlined in these Terms and
you will not encourage or enable any other individual to do so.
You also understand and agree the Content, videos and accompanying
materials necessarily require physical exercise or activity. By
voluntarily participating in this fitness program, Tai Chi program
and Kung Fu program you assume all risk of injury. Without limiting
the generality of the foregoing, you understand and acknowledge that
there are risks of physical injury, or even death, associated with
any physical activity, including the Chen Style Tai Chi Institute of
Hong Kong exercise program and that, in addition, certain medical
conditions may be aggravated or made worse by physical activity
(collectively, “Risks”). You assume any and all risk and danger
incidental to the use of the videos and any other materials offered
by Chen Style Tai Chi Institute of Hong Kong, including but not
limited to, the foregoing Risks and the way you perceive and utilize
the information conveyed in the Chen Style Tai Chi Institute of Hong
Kong videos. You agree to consult with your physician, before
commencing the exercise program shown in the Chen Style Tai Chi
Institute of Hong Kong materials, and you agree not to participate
in Chen Style Tai Chi Institute of Hong Kong programs with any
medical condition, including, but not limited to, a history of heart
disease, that poses a direct threat to the health or safety of
yourself or others and that Chen Style Tai Chi Institute of Hong
Kong shall not be liable for any injury resulting from or arising
out of, participating in the Chen Style Tai Chi Institute of Hong
Kong exercise program or from the Risks. You also understand that
Chen Style Tai Chi Institute of Hong Kong encourages you to exercise
and eat a healthy, well-balanced diet on your own to supplement the
Chen Style Tai Chi Institute of Hong Kong exercise program, and that
you, not Chen Style Tai Chi Institute of Hong Kong, assume all risks
and responsibilities for your own actions, safety, health,
performance, well-being, and any complications or injuries which may
arise when exercising or eating on your own.
Under no circumstances and under no legal theory, tort, contract,
strict, liability, or otherwise, shall Chen Style Tai Chi Institute
of Hong Kong or any related companies be liable to you or any other
person for any indirect, special, incidental, damages for lost
profits, loss of goodwill, work stoppage, accuracy of services,
content or results, computer failure or malfunction, or damages
resulting from the Content, Services or any parts thereof.
You also agree to indemnify and hold harmless Chen Style Tai Chi
Institute of Hong Kong and its officers, employees, agents,
representatives, affiliates, subcontractors, members and assigns,
against any and all claims, disputes, demands, actions, suits,
damages, liabilities, obligations, losses, settlements, judgements,
costs and expenses (including without limitation attorneys’ fees and
costs) made or entered into against us that arise out of, relate to
or are the result of your actions, contents and communications
related to our Services. Similarly, if you have a dispute with any
third party relating to your use of our Services, you release Chen
Style Tai Chi Institute of Hong Kong (and our officers, directors,
agents, subsidiaries, joint ventures, and employees) from all
claims, demands, and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes.
4. User Comments and Feedback
We and our Services may offer various opportunities to interact and
share your opinions and thoughts with us and others, or via various
forum, social media pages, or via other community initiatives.
However, please note that the opinions or views expressed, or
statements made via posts, user comments, feedback, “wiki” entries,
online chat, or via other features (collectively referred to herein
as “User Comments”), do not reflect the opinions or views of Chen
Style Tai Chi Institute of Hong Kong.
We do not review, edit or modify User Comments. However, we reserve
the right to remove or modify any User Comments for any reason. By
sharing User Comments and accepting the terms of this Agreement, you
acknowledge that we may make such deletions or changes without
notice to you, nor is any such change or removal subject to review,
appeal or revocation.
We may also, from time to time, publicly share or redistribute User
Comments on our Site, in our Content, or through other media or
social media channels, press releases, or promotional and marketing
materials. You hereby grant us a non-exclusive, perpetual and
irrevocable right and license us to use your User Comments in
connection with our Podcasts and Services.
Similarly, if you provide us with any Feedback, you hereby grant us
a non-exclusive, fully paid, royalty-free, worldwide, perpetual,
irrevocable, sublicensable, transferable, and assignable license to
use, reproduce, distribute, modify, adapt, prepare derivative works
based on, publicly perform, publicly display, make, have made, use,
sell, offer to sell, import, and otherwise exploit any and all
Feedback for any purposes, for all current and future methods and
forms of exploitation. “Feedback” means suggestions, comments,
ideas, and all other types of information that you provide, publish,
or otherwise communicate directly or indirectly to us that relates
to our Content and/or Services.
5.Accounts.
In order to access or use some of the Services or access the
Content, you may be required to first register with us. If you are
under the age of eighteen (18), then you are not permitted to
register as a user or submit personal information to us.
If you register for any feature that requires a password and/or
username, then you agree that: (i) You will not use a username (or
email address) that is already being used by someone else, may
impersonate another person, belongs to another person, violates the
intellectual property or other right of any person or entity, or is
offensive; (ii) You will provide true, accurate, current, and
complete registration information about yourself in connection with
the registration process and, as permitted, to maintain and update
it continuously and promptly to keep it accurate, current, and
complete; (iii) You are solely responsible for all activities that
occur under your account, password, and username – whether or not
you authorized the activity; (iv) You are solely responsible for
maintaining the confidentiality of your password and for restricting
access so that others may not access any password protected portion
of the Service using your name, username, or password; (v) You will
immediately notify us of any unauthorized use of your account,
password, or username, or any other breach of security; and (vi) You
will not sell, transfer, or assign your account or any account
rights.
We will not be liable for any loss or damage (of any kind and under
any legal theory) to you or any third party arising from your
inability or failure for any reason to comply with any of the
foregoing obligations. We may reject the use of any password,
username, or email address for any other reason in our sole
discretion. If any information that you provide, or if we have
reasonable grounds to suspect that any information that you provide,
is false, inaccurate, outdated, incomplete, or violates these Terms,
or any applicable law, then we may suspend or terminate your
account. We also reserve the more general and broad right to
terminate your account or suspend or otherwise deny you access to it
or its benefits – all in our sole discretion, for any reason, and
without advance notice or liability.
6. Subscription Services and Other Purchases
You may be able to purchase additional Content, gift cards,
offerings, merchandise, and other items offered through the
Services. Unless specifically allowed and authorized by our Refund
Policy, all purchases, including without limitation of any gift
cards, Content, or other offerings, are final and we are not able to
offer any refunds. In addition, some of our Services and/or Content
offerings may be made available by us solely in connection with your
agreement to purchase a subscription to such offerings
(“Subscription Services”) for a set period (e.g., monthly or yearly
subscription term) (“Subscription Period”). We may offer a number of
different packages or variations of Subscription Services, including
in some instances a limited free trial period (“Free Trial”), which
will be posted on our Sites and/or Apps. Following the completion of
the Subscription Period and/or Free Trial, your Subscription
Services will automatically renew for the same Subscription Period
at the then-current standard rates for access to the same
Subscription Services, unless and until they are cancelled or
changed by you within 24 hours prior to the end of the current
period.
By subscribing to a Subscription Service or purchasing any Content,
you confirm that you are at least 18 years of age, that all
information you submit is true and correct (including all credit
card information), and that you are the authorized holder of the
credit card. If you choose to cancel a Subscription Service, you can
continue to use the features of your Subscription Service following
cancellation until the end of your Subscription Period. You will not
be charged for the Subscription Service again unless you reactivate.
Payments for Subscription Services are non-refundable and there are
no refunds for partial Subscription Periods.
We may change the price of a Subscription Service, introduce new
subscription plans, or remove plans from time to time. By continuing
to use the Subscription Service, you indicate your acceptance of
such subscription price or plan change. If you do not agree with a
subscription price or plan change, do not continue to use the
Subscription Service. Subscription Services may not be redeemed for
cash, sold or transferred to another user.
Once you enter and submit your payment information, you expressly
agree and authorize us and/or our third party payment processor to
immediately charge your credit card or debit card (or other approved
facility) in an amount equal to the total purchase price. You also
expressly authorize and agree that we and/or our third party payment
processor is authorized to automatically charge your payment method
for any one-time fees and/or Subscription Services. You acknowledge
and agree that we do not need to obtain any additional authorization
from you for any automatic and/or recurring payments.
Some Subscription Services may be offered by third parties in
conjunction with the provision of their own products and services.
We are not responsible for the products and services provided by
such third parties.
You are not authorized to access any Subscription Services unless
you have opened a subscription account and paid the appropriate fee.
You may not assist anyone else in accessing Subscription Services on
an unauthorized basis, including by sharing your access credentials
or providing any content or other materials that you obtained
through Subscription Services to third parties. You are responsible
for maintaining the confidentiality of your access credentials and
for all usage or activity on your Subscription Services accounts,
including the use of Subscription Services by any third party
authorized by you to use your access credentials. Such
responsibility expressly includes any purchases made or other
charges incurred on your credit card in connection with your use (or
an authorized third party’s use) of the Subscription Services. In
the event of any fraudulent, abusive or otherwise illegal activity
on your Subscription Services accounts, we may, in our sole
discretion, terminate those accounts and refer you to appropriate
law enforcement agencies. You may be responsible for damages from
any such fraudulent, abusive, or otherwise illegal activity.
7.Disclaimers and Limitation of Liability
DISCLAIMER: ALL INFORMATION, CONTENT, SERVICES, AND
MATERIAL AVAILABLE IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL
WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHT WITH RESPECT TO ITS VIDEOS OR ANY OTHER CHEN STYLE TAI CHI
INSTITUTE OF HONG KONG MATERIALS. FURTHER, CHEN STYLE TAI CHI
INSTITUTE OF HONG KONG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE
OF THE VIDEOS OR ANY OF THE OTHER MATERIALS ON OR AVAILABLE THROUGH,
ITS SITE OR OTHERWISE RELATING TO SUCH VIDEOS OR MATERIALS OR ON ANY
SITES LINKED TO THIS SITE
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO
WARRANTY THAT (1) THE SERVICES WILL OPERATE PROPERLY, (2) THAT THE
SERVICES WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE
SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR
ALL CIRCUMSTANCES, OR (4) THAT ANY DEFECTS IN THE SERVICES CAN OR
WILL BE CORRECTED. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE
PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY
OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH
WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NO WARRANTIES: CHEN STYLE TAI CHI INSTITUTE OF HONG
KONG SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE
PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE
PROVIDER (including, for example, your web service provider service,
stripe payment services, paypal payment services, your software
and/or any updates or upgrades to that software). ANY SUCH PROBLEM
SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT
PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE
DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH
MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO
LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR
ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE
TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR
CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE
ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR
SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE
RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS
RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY,
IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE
OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF
CONSISTENT WITH THE COMPANY’S REFUND POLICY.
LIMITATION OF LIABILITY: YOUR PURCHASE AND/OR USE OF
THE SERVICES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT
YOUR ABILITY TO ACCESS THE SERVICES OR CONTENT WILL BE TIMELY,
SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE NOR OUR
AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION,
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE
OF THE CONTENT OR SERVICES. IN NO EVENT WILL YOU BE ENTITLED TO A
REFUND OR CHARGEBACK FOR THE CONTENT OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHEN STYLE TAI
CHI INSTITUTE OF HONG KONG AND ITS AFFILIATES LICENSORS AND
DISTRIBUTORS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS
OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE CONTENT OR SERVICES, OR THE DELAY OR INABILITY TO
USE OR LACK OF FUNCTIONALITY OF THE CONTENT OR SERVICES, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT
LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE CONTENT OR SERVICES WILL NOT EXCEED THE TOTAL
AMOUNTS YOU HAVE PAID (IF ANY) FOR THE CONTENT OR SERVICES DURING
THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE
TO SUCH LIABILITY. THESE LIMITATIONS AND EXCLUSIONS REGARDING
DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE
COMPENSATION.
8. Indemnity
This section only applies to the extent permitted by applicable law.
If you are prohibited by law from entering into the indemnification
obligation below, then you assume, to the extent permitted by law,
all liability for all claims, demands, actions, losses, liabilities,
and expenses (including attorneys’ fees, costs and expert witnesses’
fees) that are the stated subject matter of the indemnification
obligation below.
You agree to indemnify, pay the defense costs of, and hold Chen
Style Tai Chi Institute of Hong Kong, its licensors and
distributors, its and their affiliates, and its and their employees,
officers, directors, agents, contractors, and other representatives
harmless from all claims, demands, actions, losses, liabilities, and
expenses (including attorneys’ fees, costs, and expert witnesses’
fees) that arise from or in connection with (a) any claim that, if
true, would constitute a breach by you of this Agreement or
negligence by you, or (b) any act or omission by you in using the
Services. You agree to reimburse Chen Style Tai Chi Institute of
Hong Kong on demand for any defense costs incurred by Chen Style Tai
Chi Institute of Hong Kong and any payments made or loss suffered by
Chen Style Tai Chi Institute of Hong Kong, whether in a court
judgment or settlement, based on any matter covered by this Section
8.
9. Termination
We reserve the right to terminate your right to access and use the
Services and/or Content if you violate these Terms or any other
terms or policies referenced herein, or if you otherwise create risk
or possible legal exposure for us.
10. Governing Law and Jurisdiction
This Agreement shall be construed and enforced in accordance with
the laws of the Hong Kong Special Administrative Region, without
reference to the principles of conflict of laws of any jurisdiction.
For any disputes deemed not subject to binding individual
arbitration, as provided in the section immediately below, and you
agree to waive any jurisdictional, venue, or inconvenient forum
objections to such courts. You agree to submit to the non-exclusive
jurisdiction of the Hong Kong courts.
11. Links to Third Party Sites
Our Services may provide links to other websites operated by
third parties. Because we have no control over third-party websites,
we are not responsible for the availability of those websites and do
not endorse and are not responsible or liable for any content,
advertising, services, products, or other materials on or available
from such websites. We shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any content,
advertising, services, products, or other materials on or available
from such websites. These Terms of Use do not apply to your use of
third-party websites; your use of such websites is subject to the
terms and policies of the owner of such websites. We strongly advise
you to read the terms and conditions and privacy policies of any
third party web sites or services that you visit.
12. Digital Millennium Copyright Act (DMCA) Notices; Copyright
Agent
We respect the intellectual property rights of others. To the best
of our knowledge, the Content that appears on our Services does not
infringe the copyrights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement by any
content or material on our Services, please provide the following
information in writing to us for further detail:
1. A physical or electronic signature of a person authorized to act
on behalf of the copyright owner.
2. A description of the material that you claim 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, and information reasonably
sufficient to permit us to locate the material, like the site URL of
the material.
3. Information so that we can contact you, such as address,
telephone number and electronic mail address.
4. A statement that you (the complaining party) have a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate
and, under penalty of perjury, that you are the copyright owner or
are authorized to act on behalf of the owner of a copyright that is
allegedly infringed.
1. Your physical or electronic signature.
2. A description of the materials that have been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled.
4. Your name, address and telephone number, and a statement that you
consent to the jurisdiction of the Federal District Court for the
judicial district in which the address is located, and that you will
accept service of process from the person who provided notification
of the alleged infringement.
13. Amendments of this Agreement
We may issue an amended Agreement, Privacy Policy, or other related
agreements at any time in our sole discretion by posting the amended
Agreement, Privacy Policy, or related agreement on our website or by
providing you with digital access to amended versions of any of
these documents. If any amendment to this Agreement, Privacy Policy,
or related agreement is not acceptable to you, you may terminate
this Agreement and must stop using our Services. Your continued use
of the Services will demonstrate your acceptance of the amended
Agreement, Privacy Policy, or related agreement.
14. No Assignment
You may not, without the prior written consent of Chen Style Tai Chi
Institute of Hong Kong, assign, transfer, charge, or sub-contract
all or any of your rights or obligations under this Agreement, and
any attempt without that consent will be null and void. We, however,
may at any time assign, transfer, charge, or sub-contract all or any
of its rights or obligations under this Agreement.
15. International Users
Our Services are controlled and operated by us from within the Hong
Kong Special Administrative Region, and is intended for use only by
residents of the Hong Kong Special Administrative Region. We make no
representations or warranties that the content or materials of the
Services are appropriate or lawful in any foreign countries, or that
any items or subscriptions offered for sale through the Services
will be available outside the Hong Kong Special Administrative
Region. Those who choose to access the Services from other locations
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable. You
may not use, export or re-export any content downloaded from the
Services or any copy or adaptation of such content, in violation of
any applicable laws or regulations, including without limitation
Hong Kong Special Administrative Region export laws and regulations.
16. Who May Use Our Services
Unless stated otherwise for a particular Service, children are not
allowed to use the Services or access the Content. A child is a
person under 18 years old. To the extent permitted under applicable
law, Chen Style Tai Chi Institute of Hong Kong declines any
responsibility regarding any activities conducted by a child with or
without the permission of a parent. If you are a parent and you give
your permission for your child to register for one of the services,
you thereby agree to the terms relating to use of the services by
your child.
17. Miscellaneous
Waiver: Failure of Chen Style Tai Chi Institute of Hong
Kong to enforce at any time or for any period of time any of the
provisions hereof shall not be construed to be a waiver of such
provision or our right to enforce each such provision and no waiver,
if granted, shall be continuing. No waiver of any term or condition
of this Agreement shall be valid or binding on us unless the same
shall have been set forth in a written document, specifically
referring to this Agreement and duly signed by Chen Style Tai Chi
Institute of Hong Kong.
Entire Agreement: This Agreement sets forth the entire
agreement between you and us with respect to the subject matter
hereof, and supersedes and replaces any and every other prior or
contemporaneous agreement, understanding or negotiation that may
have existed between you and us to the extent that any such
Agreement relates to the subject matter hereof.
Severability: If, but only to the extent that, any
provision of this Agreement is declared or found to be illegal,
unenforceable, or void, then the parties shall be relieved of all
obligations arising under that provision, it being the intent that
this Agreement will be deemed amended by modifying the provision to
the extent necessary to make it legal and enforceable while
preserving its intent. If that is not possible, it shall be
substituted with another provision that is legal and enforceable and
achieves the same objective. If the remainder of this Agreement is
not affected and is capable of substantial performance, then the
remainder shall be enforced to the extent permitted by law.
Assignment: Chen Style Tai Chi Institute of Hong Kong
shall have the right to assign this Agreement and all or any part of
our rights hereunder to any person, firm or corporation, and this
Agreement shall be binding upon and inure to the benefit of our
successors, licensees and assigns. This Agreement the rights and
obligations hereunder may not be assigned by you.
Contact Us: Via email: business@taichielite.com or via regular mail:
Chen Style Tai Chi Institute of Hong Kong Company Limited,
Attn: Room 5, Floor 11, 135 Bonham Strand Trade Center, Sheung Wan,
Hong Kong.