These Terms govern and apply to all persons who access and use (“Users”) the Believing Through Achieving domain and related service domains, Believing Through Achieving’s online video platform for instruction and community information (“Platform“). By accessing or using the Platform, you acknowledge that you have read these terms, understand them, and agree to be bound by the terms and conditions described herein. If you do not agree to all of these terms and conditions, do not use the Platform. BELIEVING THROUGH ACHIEVING MAKES NO GUARANTEES TO PRIVACY OF ANY INFORMATION INTRODUCED INTO THE PLATFORM. USER ASSUMES ALL RISK AND RESPONSIBILITY FOR ANY PRIVATE OR SENSITIVE MATERIAL INTRODUCED TO THE PLATFORM.
For valuable consideration and to induce permission to participate in the martial arts instruction offered by Believing Through Achieving and Achieve Martial Arts (the “Organizations”), each of the undersigned agrees to the following terms and conditions, and each makes the following warranties:
Rules and Conduct
- You are responsible for any activity that occurs under your username, so keep your password secure.
- You are responsible for verifying the safety, suitability, and functional state of any items uploaded or shared via the Platform.
- You are responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, audio, video clips, and links (“Content“) that you introduce into the Platform.
- The Organizations do not control, are not responsible for and make no representations or warranties with respect to any Content uploaded by any User.
- You are responsible for your access to, use of and/or reliance on any Content uploaded by a User. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any such Content.
- You agree that while using the Platform you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
This list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Platform or to review or edit any information posted to the Platform, by the User. However, we have the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
We reserve the right, at any time and without prior notice, to remove or disable access to any data submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Platform. The Organizations will not be liable or responsible for any lost, corrupted, or deleted data stored within the Platform or in connection to any User account. Consequently, the Organizations encourage you to maintain your own backup of your Content. In other words, the Organizations are not a backup service. The Organizations will not be liable to you for any modification, suspension, or discontinuation of the Platform, or the loss of any Content.
The Content uploaded by Users available through the Platform has not been reviewed, verified, or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with the Platform or any Content on the Platform, relating to the quality, suitability, truth, accuracy, or completeness of any Content contained in the Platform.
- You may not access or try to access non-public areas of the Platform, our computer systems, or the technical delivery systems employed by our Platform.
- You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from the Platform including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
- You may not gather and use information, such as Users’ name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
- You may not, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of this Agreement can result in the termination of your account in connection with the Platform. You also agree to indemnify and hold the Organizations harmless as indicated within Indemnification section below.
- While the Platform prohibits certain conduct on its server and site, you understand and agree that the Organizations cannot be responsible for the Content posted on its server and you nonetheless may be exposed to such materials and that you use the Platform at your own risk.
- We reserve the right to refuse access to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark law, may mislead other Users, or is otherwise deemed inappropriate by the Organizations.
- If we decide to remove any Content for any reason, The Organizations may provide notice to the User or Instructor account from which the Content was posted.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademarks on those usernames.
- We reserve the right to modify the Platform (or any part thereof), either temporarily or permanently, at any time without prior notice.
Proprietary Rights in Content on Believing Through Achieving Platform
- The Organizations do NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other Content that you post on or through the Platform. By displaying or publishing (“Posting“) any Content on or through the Platform, you hereby grant to the Organizations a non-exclusive, royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, including without limitation distributing part or all of the Content in any media formats through any media channels now known or hereafter invented.
- You represent and warrant that: (i) you own the Content Posted by you on or through the Platform or otherwise have the right to grant the license set forth in this section, (ii) the use of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the use of your Content on the Platform does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you use on or through the Platform within Indemnification section below.
- The Organizations own and retain all rights in the Organizations’ Content and the Platform. The Organizations hereby grant you a limited, revocable, non-sub-licensable license to view the Organizations’ Content (excluding any Content explicitly disclaimed or limited) solely for your personal use in connection with using the Platform.
- The Platform contains Content of Users and other Organizations licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the Platform.
- The Organizations perform technical functions necessary to offer the Platform, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Platform.