Terms and Conditions of Use for Kubajitsu.com
Your use of our Internet site or any of the products or services offered on this site is subject to these Terms. We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our site constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any content that is available on our sites;
- Establish general practices and limits concerning use of our site.
- You agree that we will not be liable to you or any third party for taking any of these actions.
Content on our site
Our site includes a combination of content that we create and our partners create. All materials published on our site, including, but not limited to, written content, phhotographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part. If you would like to request permission to use any of the content on our site, please send an email with the request to Shelley Crone
Our site contains content that we create as well as content provided by our partners. This content includes, among other things, product reviews and testimonials. It also includes information about products and services offered such as product descriptions, specifications, pricing, availability, and performance.
Your conduct on our site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our site is the property of KubaJitsu, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site. You agree not to modify the software underlying our site in any manner or form or use modified versions of such software, including for the purpose of obtaining unauthorized access to our site.
Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our site;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a Kubajitsu representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site or to manipulate your presence on our site;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in illegal activity;
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, deny you access to our site, or both.
Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by Kubajitsu for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.
Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our site.
You hereby agree to indemnify, defend and hold KubaJitsu and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Kubajitsu Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
Your use of our site
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- Your connection to our site;
- Your violation of these Terms; or
- Your violation of the rights of any other person or entity.
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failure of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT; OUR SITE WILL MEET YOUR REQUIREMENTS; OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Kubajitsu and govern your use of our site, superceding any prior agreements that you may have with us.