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;
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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:
- A physical or electronic signature of a person authorized to act on behalf of the copyright
owner.
-
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.
-
Information so that we can contact you, such as address, telephone number and electronic
mail address.
-
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.
- 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.
If you believe that we improperly removed or disabled content or materials you posted, uploaded or
submitted to the Services, please provide the following to us for further detail:
-
Your physical or electronic signature.
-
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.
-
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.
- 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.