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TERMS OF USE AGREEMENT
PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE
USING THIS WEB SITE. BY USING THIS WEB SITE YOU ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS.
This Agreement sets forth the terms and conditions of use for the web sites operated by
Intermountain Black Belt Association, dba the Intermountain Yudanshakai ("we," "us," or "our"
herein) at www.iydk.com (referred to as the "Site"). You should be aware that Intermountain
Yudanshakai owns several other domain names that direct traffic to the Site, and that this
Agreement also covers use of the Site via such domain names. The Intermountain Yudanshakai
reserves the right, at our discretion, to change, modify, add or remove portions of this Agreement
at any time. Such changes, revisions or modifications will be effective immediately upon notice to
you, which may be given by any means including, without limitation, via posting on the Site. Your
continued use of the Site after such notice will be deemed to constitute acceptance of such changes,
revisions or modifications. Please check this Agreement periodically for changes.
PRIVACY POLICY
The Intermountain Yudanshakai Privacy Policy is a part of this Agreement and is incorporated herein
by this reference.
SCOPE OF USE
The Site is owned by the Intermountain Yudanshakai. We invite you to view the Site for your
personal, informational, non-commercial use only.
The Intermountain Yudanshakai may, from time to time, offer Site users the opportunity to
download certain software from the Site (e.g. Screensavers). For purposes of this Agreement, the
term "software" includes any files or images incorporated in or generated by the software, and any
data accompanying the software. We hereby grant to you a non-exclusive and non-transferable
license, during the term of this Agreement, to download and use a single copy of any software that
we so offer to Site users on a single computer for your personal, informational, non-commercial use
only, provided that you keep intact all copyright and other proprietary notices contained in such
software.
We also invite you to download a single copy of the text, graphics, animation, photographs and
other materials contained in the Site on any single computer for your personal, informational, non-
commercial use only, provided that you keep intact all copyright and other proprietary notices
contained in such materials.
The use of any such materials (including the software) in any other manner or for any other
purpose, including on any other web site or networked computer environment is prohibited.
The Site is controlled and operated by the Intermountain Yudanshakai from within the United States
of America. Unless otherwise specified, the materials contained in the Site are presented solely for
the use of users located in the United States of America and its territories and possessions,
excluding Puerto Rico, American Samoa, Guam and the Virgin Islands. Those who choose to access
the Site from other jurisdictions do so at their own initiative and are solely responsible for
compliance with applicable laws, rules and regulations.
COPYRIGHTS
The Site is protected by U.S. copyright laws and international treaties. With the exception of those
materials that are in the public domain and any User Content (defined below) posted on the Site, all
materials contained in the Site are the copyrighted property of the Intermountain Yudanshakai or its
third-party licensors. Except for your personal, informational, non-commercial use as authorized
above, no part of any text, graphics, animation, photographs, audio-visual elements, software or
any other materials contained in the Site may be used, modified, copied, reproduced, republished,
uploaded, posted, transmitted, transferred, distributed, downloaded or stored in a retrieval system
without the express written permission of the Intermountain Yudanshakai. The creation of derivative
works based on any materials contained in the Site including, but not limited to, products, services,
fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and
unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited.
INFORMATION, NEWS AND PRESS RELEASES
The Site may contain information, news and/or press releases about the Intermountain
Yudanshakai. While this information is believed to be accurate as of the date it was prepared, the
Intermountain Yudanshakai disclaim any duty or obligation to update such information.
LINKS TO THIRD PARTY WEB SITES
The Site includes links to web sites owned by third parties solely as a convenience to our users. The
terms and conditions of this Agreement do not apply to any such linked web sites. Further, the
Intermountain Yudanshakai does not endorse any such linked web sites, or the information,
materials, products or services that are contained in or accessible through such linked web sites.
The INTERMOUNTAIN YUDANSHAKAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES THAT ARE CONTAINED
IN OR ACCESSIBLE THROUGH SUCH LINKED WEB SITES, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT.
You acknowledge and agree that the Intermountain Yudanshakai is not responsible for the content,
accuracy, legality, decency, copyright compliance, privacy practices, security or any other aspects
of any such linked web sites, and that the access or use of any such linked web sites is solely at
your own risk, and you hereby waive any and all claims against the Intermountain Yudanshakai with
respect to such linked web sites.
USER CONTENT; GRANT OF LICENSE
The Site may enable you to post content, submit e-mails or otherwise provide content to
Intermountain Yudanshakai and/or other Site users. You acknowledge and agree that all
information, data and other materials that are posted on or transmitted in connection with the Site
by you or another Site user ("User Content") are the sole responsibility of the person from whom
such User Content originated. Intermountain Yudanshakai does not control User Content, and does
not guarantee the truthfulness, accuracy, reliability or quality of User Content. You acknowledge and
agree that by using the Site, you may be exposed to User Content that is inaccurate, offensive or
objectionable. Under no circumstances will the Intermountain Yudanshakai be liable for any User
Content.
By submitting User Content, you automatically grant the Intermountain Yudanshakai a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use, reproduce, display, publish,
perform, adapt, modify, create derivative works of, and distribute the User Content in any form,
anywhere, and for any purpose, subject to the Intermountain Yudanshakai's Privacy Policy. You
represent and warrant that you own or otherwise control all rights, including but not limited to
copyrights, in and to any such User Content, that all moral rights in and to any such User Content
have been waived, and that the use of such User Content as permitted hereunder does not infringe
or violate the rights of any third party.
HOUSE RULES
In order to help keep our Site a safe place for all users, we require that you comply with the
following House Rules in connection with your use of the Site:
- You may not upload to, distribute through, or otherwise publish on the Site any User
Content that is libelous, defamatory, tortious, obscene, pornographic, threatening, abusive,
harassing, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or
otherwise objectionable, that is harmful to minors, or that otherwise constitutes or
encourages a criminal offense, violates the rights of another, or violates any law.
- You may not impersonate any person or entity, or otherwise misrepresent your affiliation
with any person or entity.
- You may not upload to, distribute through, or otherwise publish on the Site any User
Content that you do not have a right to make available under any law or under contractual
or fiduciary relationships (e.g., confidential information about your employer).
- You may not upload to, distribute through, or otherwise publish on the Site spam, junk mail,
chain letters, pyramid schemes, or the like.
- You may use the Site only for non-commercial purposes. Unless you have obtained our
prior written approval, you may not upload to, distribute through, or otherwise publish on
the Site any User Content that contains any solicitations, advertising, or promotional
materials, including but not limited to materials that solicit membership in any commercial
online service or other organization.
- You may not upload to, distribute through, or otherwise publish on the Site any materials
that contain computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware, or telecommunications equipment.
- You may not provide, collect or store personal information about others.
- You agree to comply with all laws, rules and regulations applicable to your use of the Site.
- You agree not to use any public forum that we may establish on the Site for the purpose of
conducting private conversations.
- You acknowledge and agree that we reserve the right to monitor all User Content. You
further acknowledge and agree that while we reserve the right to remove User Content in
our sole discretion for any reason, we have no duty to do so. We also reserve the right to
turn over any User Content to law enforcement officials.
We ask that you further help us to keep the Site safe for all users by notifying us when you believe
that these House Rules have been violated. If you believe that our House Rules have been violated,
please send us an e-mail at webmaster@iydk.com.
UNSOLICITED CREATIVE SUBMISSIONS
The Intermountain Yudanshakai is pleased to hear from its loyal fans and welcomes User Content
regarding Intermountain Yudanshakai and its products and services. However, the terms and
conditions set forth above with respect to User Content that you intend to be publicly displayed on
or transmitted through the Site do not apply to any creative materials, suggestions, ideas, notes,
artwork, concepts or other information that you may wish to provide to the Intermountain
Yudanshakai for its internal consideration (collectively, "Creative Submissions").
If you submit Creative Submissions to the Intermountain Yudanshakai, you acknowledge and agree
that you hereby automatically transfer your entire right, title and interest in and to such unsolicited
Creative Submissions, including copyrights and all other intellectual property rights, to the
Intermountain Yudanshakai. You expressly waive all moral rights in all unsolicited Creative
Submission that you submit to the Intermountain Yudanshakai. You acknowledge and agree that no
unsolicited Creative Submission that you submit to the Intermountain Yudanshakai will be subject to
any obligation of confidentiality on the part of the Intermountain Yudanshakai and that the
Intermountain Yudanshakai will have the right to freely disclose and use all such unsolicited
Creative Submissions for any purpose whatsoever, commercial or otherwise, without obligation to
compensate you. You hereby waive any and all claims against the Intermountain Yudanshakai with
respect to all such unsolicited Creative Submissions, including but not limited to claims of unfair
competition, copyright infringement, trade-mark infringement, breach of implied contract and/or
breach of confidentiality. You agree to execute such other instruments as may be necessary to
effectuate the intent of this paragraph.
REGISTRATION AND PASSWORDS
The Site may permit or require you to register or select a password prior to permitting access to
certain products or services available through the Site. You acknowledge and agree that you are
responsible for maintaining the confidentiality of your registration information and password, and for
all uses of your password.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE
INTERMOUNTAIN YUDANSHAKAI DOES NOT WARRANT THAT USE OF THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE ARE CORRECT, ACCURATE OR RELIABLE. YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE
INTERMOUNTAIN YUDANSHAKAI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE SITE OR ANY COMPONENT THEREOF (INCLUDING LOSS OF
BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER
CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, EVEN IF THE INTERMOUNTAIN
YUDANSHAKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY
EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT
THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE INTERMOUNTAIN YUDANSHAKAI'S LIABILITY IN SUCH
JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Intermountain Yudanshakai, its member
organizations, and their respective officers, directors, agents, employees and volunteers from any
and all fines and penalties, and any and all claims by, or liability to, any third party for loss,
damages or injury to persons or property based on or in any manner arising out of: (a) any User
Content you submit, post, transmit or otherwise make available through the Site; or (b) your breach
of this Agreement.
TERMINATION
This Agreement will remain in effect until terminated by either party. You may terminate this
Agreement at any time by ceasing to access the Site and by destroying all materials that you have
downloaded from the Site. You acknowledge and agree that the Intermountain Yudanshakai may
terminate your access to all or any part of the Site, with or without notice, for any or no reason, in
its sole discretion, without liability of any kind. The Intermountain Yudanshakai may also, in its sole
discretion and at any time, discontinue providing the Site, or any part thereof, with or without
notice, without liability of any kind.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of
Idaho, without giving effect to any principles of conflicts of law. You agree that any action at law or
in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts
located in the State of Idaho, and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action.
EQUITABLE RELIEF
You acknowledge that any breach or threatened breach of this Agreement by you will result in
irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition
to its rights and remedies otherwise available at law, the Intermountain Yudanshakai will be entitled
to seek immediate equitable relief, including injunctive relief, as appropriate. The Intermountain
Yudanshakai will be entitled to the relief described in this paragraph without the requirement of
posting a bond. If the Intermountain Yudanshakai seeks any equitable remedies, it will not be
precluded or prevented from seeking remedies at law, nor will it be deemed to have made an
election of remedies.
ATTORNEYS' FEES
In addition to any other relief, the prevailing party in any action arising out of this Agreement will be
entitled to its reasonable attorneys' fees and costs.
SEVERABILITY
If any provision or part of this Agreement will be declared illegal, void or unenforceable, the
remaining portions will continue in full force and effect to the extent permitted by law insofar as the
primary purpose of this Agreement is not frustrated.
WAIVER
Any waiver by either party of a breach of any provision of this Agreement will not operate as or be
construed to be a waiver of any other breach of such provision or of any breach of any other
provision of this Agreement.
CONSENTS
Whenever the consent or approval of the Intermountain Yudanshakai is required hereunder, such
consent or approval may be given or withheld by The Intermountain Yudanshakai in its sole
discretion.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the subject matter
herein contained and supersedes all prior oral and written understandings, arrangements and
agreements between the parties relating thereto.
QUESTIONS
If you have any questions about this Agreement, you can contact us as follows:
- send an e-mail to us at webmaster@iydk.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works
at that site;
3. 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, and information reasonably
sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party,
such as an address, telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted;
5. A statement that the complaining party has 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; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
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