High
Performance Wushu Terms of Service
Welcome
to High Performance Wushu!
1.
Your relationship with High Performance Wushu
1.1
Your use of High Performance Wushu's software, services and web
sites (referred to collectively as the "Services" in this
document and excluding any services provided to you by High Performance
Wushu under a separate written agreement) is subject to the terms
of a legal agreement between you and High Performance Wushu. This
document explains how the agreement is made up, and sets out some
of the terms of that agreement.
1.2
Unless otherwise agreed in writing with High Performance Wushu,
your agreement with High Performance Wushu will always include,
at a minimum, the terms and conditions set out in this document.
These are referred to below as the "Universal Terms".
1.3
Your agreement with High Performance Wushu will also include the
terms of any Legal Notices applicable to the Services, in addition
to the Universal Terms. All of these are referred to below as the
"Additional Terms". Where Additional Terms apply to a
Service, these will be accessible for you to read either within,
or through your use of, that Service.
1.4
The Universal Terms, together with the Additional Terms, form a
legally binding agreement between you and High Performance Wushu
in relation to your use of the Services. It is important that you
take the time to read them carefully. Collectively, this legal agreement
is referred to below as the "Terms".
1.5
If there is any contradiction between what the Additional Terms
say and what the Universal Terms say, then the Additional Terms
shall take precedence in relation to that Service.
2.
Accepting the Terms
2.1
In order to use the Services, you must first agree to the Terms.
You may not use the Services if you do not accept the Terms.
2.2
You can accept the Terms by:
(A)
clicking to accept or agree to the Terms, where this option is
made available to you by High Performance Wushu in the user interface
for any Service; or
(B)
by actually using the Services. In this case, you understand and
agree that High Performance Wushu will treat your use of the Services
as acceptance of the Terms from that point onwards.
2.3
You may not use the Services and may not accept the Terms if (a)
you are not of legal age to form a binding contract with High
Performance Wushu, or (b) you are a person barred from receiving
the Services under the laws of the United States or other countries
including the country in which you are resident or from which
you use the Services.
2.4
Before you continue, you should print off or save a local copy of
the Universal Terms for your records.
3.
Language of the Terms
3.1
Where High Performance Wushu has provided you with a translation
of the English language version of the Terms, then you agree that
the translation is provided for your convenience only and that the
English language versions of the Terms will govern your relationship
with High Performance Wushu.
3.2
If there is any contradiction between what the English language
version of the Terms says and what a translation says, then the
English language version shall take precedence.
4.
Provision of the Services by High Performance Wushu
4.1
High Performance Wushu has subsidiaries and affiliated legal entities
around the world ("Subsidiaries and Affiliates"). Sometimes,
these companies will be providing the Services to you on behalf
of High Performance Wushu itself. You acknowledge and agree that
Subsidiaries and Affiliates will be entitled to provide the Services
to you.
4.2
High Performance Wushu is constantly innovating in order to provide
the best possible experience for its users. You acknowledge and
agree that the form and nature of the Services which High Performance
Wushu provides may change from time to time without prior notice
to you.
4.3
As part of this continuing innovation, you acknowledge and agree
that High Performance Wushu may stop (permanently or temporarily)
providing the Services (or any features within the Services) to
you or to users generally at High Performance Wushu's sole discretion,
without prior notice to you. You may stop using the Services at
any time. Unless otherwise specified, you do not need to specifically
inform High Performance Wushu when you stop using the Services.
4.4
You acknowledge and agree that if High Performance Wushu disables
access to your account, you may be prevented from accessing the
Services, your account details or any files or other content which
is contained in your account.
4.5
You acknowledge and agree that while High Performance Wushu may
not currently have set a fixed upper limit on the number of transmissions
you may send or receive through the Services or on the amount of
storage space used for the provision of any Service, such fixed
upper limits may be set by High Performance Wushu at any time, at
High Performance Wushu's discretion.
5.
Use of the Services by you
5.1
In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details)
as part of the registration process for the Service, or as part
of your continued use of the Services. You agree that any registration
information you give to High Performance Wushu will always be accurate,
correct and up to date.
5.2
You agree to use the Services only for purposes that are permitted
by (a) the Terms and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions (including
any laws regarding the export of data or software to and from the
United States or other relevant countries).
5.3
You agree not to access (or attempt to access) any of the Services
by any means other than through the interface that is provided by
High Performance Wushu, unless you have been specifically allowed
to do so in a separate agreement with High Performance Wushu. You
specifically agree not to access (or attempt to access) any of the
Services through any automated means (including use of scripts or
web crawlers) and shall ensure that you comply with the instructions
set out in any robots.txt file present on the Services.
5.4
You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which
are connected to the Services).
5.5
Unless you have been specifically permitted to do so in a separate
agreement with High Performance Wushu, you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Services for
any purpose.
5.6
You agree that you are solely responsible for (and that High Performance
Wushu has no responsibility to you or to any third party for) any
breach of your obligations under the Terms and for the consequences
(including any loss or damage which High Performance Wushu may suffer)
of any such breach.
6.
Your passwords and account security
6.1
You agree and understand that you are responsible for maintaining
the confidentiality of passwords associated with any account you
use to access the Services.
6.2
Accordingly, you agree that you will be solely responsible to High
Performance Wushu for all activities that occur under your account.
6.3
If you become aware of any unauthorized use of your password or
of your account, you agree to notify High Performance Wushu immediately
at support@highperformancewushu.com.
7.
Privacy and your personal information
7.1
For information about High Performance Wushu's data protection practices,
please read High Performance Wushu's privacy policy at http://www.highperformancewushu.com/Privacy.php.
This policy explains how High Performance Wushu treats your personal
information, and protects your privacy, when you use the Services.
7.2
You agree to the use of your data in accordance with High Performance
Wushu's privacy policies.
8.
Content in the Services
8.1
You understand that all information (such as data files, written
text, computer software, music, audio files or other sounds, photographs,
videos or other images) which you may have access to as part of,
or through your use of, the Services are the sole responsibility
of the person from which such content originated. All such information
is referred to below as the "Content".
8.2
You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services
and sponsored Content within the Services may be protected by intellectual
property rights which are owned by the sponsors or advertisers who
provide that Content to High Performance Wushu (or by other persons
or companies on their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this
Content (either in whole or in part) unless you have been specifically
told that you may do so by High Performance Wushu or by the owners
of that Content, in a separate agreement.
8.3
High Performance Wushu reserves the right (but shall have no obligation)
to pre-screen, review, flag, filter, modify, refuse or remove any
or all Content from any Service. For some of the Services, High
Performance Wushu may provide tools to filter out explicit sexual
content.
8.4
You understand that by using the Services you may be exposed to
Content that you may find offensive, indecent or objectionable and
that, in this respect, you use the Services at your own risk.
8.5
You agree that you are solely responsible for (and that High Performance
Wushu has no responsibility to you or to any third party for) any
Content that you create, transmit or display while using the Services
and for the consequences of your actions (including any loss or
damage which High Performance Wushu may suffer) by doing so.
9.
Proprietary rights
9.1
You acknowledge and agree that High Performance Wushu (or High Performance
Wushu's licensors) own all legal right, title and interest in and
to the Services, including any intellectual property rights which
subsist in the Services (whether those rights happen to be registered
or not, and wherever in the world those rights may exist). You further
acknowledge that the Services may contain information which is designated
confidential by High Performance Wushu and that you shall not disclose
such information without High Performance Wushu's prior written
consent.
9.2
Unless you have agreed otherwise in writing with High Performance
Wushu, nothing in the Terms gives you a right to use any of High
Performance Wushu's trade names, trade marks, service marks, logos,
domain names, and other distinctive brand features.
9.3
Other than the limited license set forth in Section 10, High Performance
Wushu acknowledges and agrees that it obtains no right, title or
interest from you (or your licensors) under these Terms in or to
any Content that you submit, post, transmit or display on, or through,
the Services, including any intellectual property rights which subsist
in that Content (whether those rights happen to be registered or
not, and wherever in the world those rights may exist). Unless you
have agreed otherwise in writing with High Performance Wushu, you
agree that you are responsible for protecting and enforcing those
rights and that High Performance Wushu has no obligation to do so
on your behalf.
9.4
You agree that you shall not remove, obscure, or alter any proprietary
rights notices (including copyright and trade mark notices) which
may be affixed to or contained within the Services.
9.5
Unless you have been expressly authorized to do so in writing by
High Performance Wushu, you agree that in using the Services, you
will not use any trade mark, service mark, trade name, logo of any
company or organization in a way that is likely or intended to cause
confusion about the owner or authorized user of such marks, names
or logos.
10.
Content license from you
10.1
You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give High Performance
Wushu a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit,
post or display on or through, the Services. This license is for
the sole purpose of enabling High Performance Wushu to display,
distribute and promote the Services and may be revoked for certain
Services as defined in the Additional Terms of those Services.
10.2
You agree that this license includes a right for High Performance
Wushu to make such Content available to other companies, organizations
or individuals with whom High Performance Wushu has relationships
for the provision of syndicated services, and to use such Content
in connection with the provision of those services.
10.3
You understand that High Performance Wushu, in performing the required
technical steps to provide the Services to our users, may (a) transmit
or distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are necessary
to conform and adapt that Content to the technical requirements
of connecting networks, devices, services or media. You agree that
this license shall permit High Performance Wushu to take these actions.
10.4
You confirm and warrant to High Performance Wushu that you have
all the rights, power and authority necessary to grant the above
license.
11.
Ending your relationship with High Performance Wushu
11.1
The Terms will continue to apply until terminated by either you
or High Performance Wushu as set out below.
11.2
If you want to terminate your legal agreement with High Performance
Wushu, you may do so by (a) notifying High Performance Wushu at
any time and (b) closing your accounts for all of the Services which
you use, where High Performance Wushu has made this option available
to you. Your notice should be sent, in writing, to High Performance
Wushu at the following e-mail address: support@highperformancewushu.com.
11.3
High Performance Wushu may at any time, terminate its legal agreement
with you if:
(A)
you have breached any provision of the Terms (or have acted in
manner which clearly shows that you do not intend to, or are unable
to comply with the provisions of the Terms); or
(B)
High Performance Wushu is required to do so by law (for example,
where the provision of the Services to you is, or becomes, unlawful);
or
(C)
the partner with whom High Performance Wushu offered the Services
to you has terminated its relationship with High Performance Wushu
or ceased to offer the Services to you; or
(D)
High Performance Wushu is transitioning to no longer providing
the Services to users in the country in which you are resident
or from which you use the service; or
(E)
the provision of the Services to you by High Performance Wushu
is, in High Performance Wushu's opinion, no longer commercially
viable.
11.4
Nothing in this Section shall affect High Performance Wushu's rights
regarding provision of Services under Section 4 of the Terms.
11.5
When these Terms come to an end, all of the legal rights, obligations
and liabilities that you and High Performance Wushu have benefited
from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue indefinitely,
shall be unaffected by this cessation, and the provisions of paragraph
18.7 shall continue to apply to such rights, obligations and liabilities
indefinitely.
12.
EXCLUSION OF WARRANTIES
12.1
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE
OR LIMIT HIGH PERFORMANCE WUSHU'S WARRANTY OR LIABILITY FOR LOSSES
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS
OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
12.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES
IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS
IS" AND "AS AVAILABLE."
12.3
IN PARTICULAR, HIGH PERFORMANCE WUSHU, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A)
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B)
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR FREE FROM ERROR,
(C)
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D)
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12.4
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
12.5
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM HIGH PERFORMANCE WUSHU OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6
HIGH PERFORMANCE WUSHU FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.
LIMITATION OF LIABILITY
13.1
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT HIGH PERFORMANCE WUSHU, ITS SUBSIDIARIES
AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A)
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER
ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED
TO, ANY LOSS OF PROFIT OR REVENUE (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY
LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, PERSONAL HURT, INJURY OR DISSATISFICATION OR THE
INJURY, HURT, OR DISSATISFACTION OF ANOTHER PERSON OR LEGAL ENTITY,
OR OTHER INTANGIBLE LOSS;
(B)
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT
NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I)
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP
OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE SERVICES;
(II)
ANY CHANGES WHICH HIGH PERFORMANCE WUSHU MAY MAKE TO THE SERVICES,
OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION
OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III)
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR
THROUGH YOUR USE OF THE SERVICES;
(IV)
YOUR FAILURE TO PROVIDE HIGH PERFORMANCE WUSHU WITH ACCURATE
ACCOUNT INFORMATION;
(V)
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE
AND CONFIDENTIAL;
13.2
THE LIMITATIONS ON HIGH PERFORMANCE WUSHU'S LIABILITY TO YOU IN
PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT HIGH PERFORMANCE
WUSHU HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES ARISING.
14.
Disclaimer regarding medical advice
14.1
Any specific tests, products, or procedures that may be mentioned
on any of the Services are for informational purposes only, and
High Performance Wushu does not recommend or endorse any of them.
You rely on any information provided by High Performance Wushu,
its sponsors and advertisers, or other users of the Services at
your own risk. High Performance Wushu assumes no liability or responsibility
either for the contents of any material provided on the Services,
or for damage or injury to persons or property arising from any
use of any product, information, idea, or instruction contained
in those materials. High Performance Wushu reserves the right to
change or discontinue any aspect or feature of the Services at any
time without prior notice.
15.
Advertisements
15.1
Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may
be targeted to the content of information stored on the Services,
queries made through the Services or other information.
15.2
The manner, mode and extent of advertising by High Performance Wushu
on the Services are subject to change without specific notice to
you.
15.3
In consideration for High Performance Wushu granting you access
to and use of the Services, you agree that High Performance Wushu
may place such advertising on the Services.
16.
Other content
16.1
The Services may include hyperlinks to other web sites or content
or resources. High Performance Wushu may have no control over any
web sites or resources which are provided by companies or persons
other than High Performance Wushu.
16.2
You acknowledge and agree that High Performance Wushu is not responsible
for the availability of any such external sites or resources, and
does not endorse any advertising, products or other materials on
or available from such web sites or resources.
16.3
You acknowledge and agree that High Performance Wushu is not liable
for any loss or damage which may be incurred by you as a result
of the availability of those external sites or resources, or as
a result of any reliance placed by you on the completeness, accuracy
or existence of any advertising, products or other materials on,
or available from, such web sites or resources.
17.
Changes to the Terms
17.1
High Performance Wushu may make changes to the Universal Terms or
Additional Terms from time to time. When these changes are made,
High Performance Wushu will make a new copy of the Universal Terms
available at http://www.highperformancewushu.com/TOS.php
and any new Additional Terms will be made available to you from
within, or through, the affected Services.
17.2
You understand and agree that if you use the Services after the
date on which the Universal Terms or Additional Terms have changed,
High Performance Wushu will treat your use as acceptance of the
updated Universal Terms or Additional Terms.
18.
General legal terms
18.1
Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece
of software, or purchase goods, which are provided by another person
or company. Your use of these other services, software or goods
may be subject to separate terms between you and the company or
person concerned. If so, the Terms do not affect your legal relationship
with these other companies or individuals.
18.2
The Terms constitute the whole legal agreement between you and High
Performance Wushu and govern your use of the Services (but excluding
any services which High Performance Wushu may provide to you under
a separate written agreement), and completely replace any prior
agreements between you and High Performance Wushu in relation to
the Services.
18.3
You agree that High Performance Wushu may provide you with notices,
including those regarding changes to the Terms, by email, regular
mail, or postings on the Services.
18.4
You agree that if High Performance Wushu does not exercise or enforce
any legal right or remedy which is contained in the Terms (or which
High Performance Wushu has the benefit of under any applicable law),
this will not be taken to be a formal waiver of High Performance
Wushu's rights and that those rights or remedies will still be available
to High Performance Wushu.
18.5
If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that provision
will be removed from the Terms without affecting the rest of the
Terms. The remaining provisions of the Terms will continue to be
valid and enforceable.
18.6
You acknowledge and agree that each member of the group of companies
of which High Performance Wushu is the parent shall be third party
beneficiaries to the Terms and that such other companies shall be
entitled to directly enforce, and rely upon, any provision of the
Terms which confers a benefit on (or rights in favor of) them. Other
than this, no other person or company shall be third party beneficiaries
to the Terms.
18.7
The Terms, and your relationship with High Performance Wushu under
the Terms, shall be governed by the laws of the State of Illinois
without regard to its conflict of laws provisions. You and High
Performance Wushu agree to submit to the exclusive jurisdiction
of the courts located within the county of Cook, Illinois to resolve
any legal matter arising from the Terms. Notwithstanding this, you
agree that High Performance Wushu shall still be allowed to apply
for injunctive remedies (or an equivalent type of urgent legal relief)
in any jurisdiction.
October
10th, 2007
