Agreement of Terms, Conditions, Policies, Services, and Guidelines
"This website is the only official website of IDMA® and is © 2009 Copyright WCEI. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of WCEI is not permitted."
Definition of ‘I Do Martial Arts’
I Do Martial Arts (“IDMA”) is the interactive on-line learning program owned and operated by Wing Chun & Escrima International Ltd (“WCEI”) on the World Wide Web of the Internet, consisting of but not limited to information services that include learning programs, profiles, and e-commerce. Its Content is provided by WCEI and its affiliates, and other third parties.
The term “User/Member” applies to all users of the IDMA’s website, including but not limited to members, non-members and users who are also contributors of video content, information, and other materials or services on the IDMA website. The IDMA website includes all aspects of IDMA, including but not limited to, all products, software, and services offered via the IDMA website.
"Member" means each person who establishes or accesses a connection ("Membership Account") for access to, and use of IDMA’s interactive website.
The term "Terms, Conditions, Policies, Services, and Guidelines" applies to all of IDMA and IDMA’s website's rules and are the rules that a User/Member must follow when accessing the IDMA website.
Agreement between I Do Martial Arts (“IDMA”) and Its User/Member
By using and/or visiting this website (collectively, including all Content through the Idomartialarts.com domain name and any country-specific domains or sub-domains thereof, the IDMA website), the User/Member signifies his/her agreement to (1) the Terms and Conditions (2) Privacy Policies, (3) Terms of Service, (4) Liability Policies, and (5) IDMA’s Guidelines.
The User/Member agrees to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding his/her use of the IDMA website and the Content and materials provided therein.
Although IDMA may attempt to notify the User/Member when major changes are made to the Terms, Conditions, Policies, Services, and Guidelines, he/she should periodically review them. IDMA may, in its sole discretion, modify or revise the Terms, Conditions, Policies, Services, and Guidelines at anytime, and the User/Member agrees to be bound by such modifications or revisions.
If the User/Member does not agree to any of these Terms, Conditions, Policies, Services, and Guidelines then he/she should not use the IDMA Website!
Third Party Content Liability Policy
Changes to Terms Conditions
IDMA shall have the right at any time to change or modify the Terms, Conditions, Policies, Services, and Guidelines applicable to the User/Member’s use of IDMA, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for usage. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on IDMA’s website, or by electronic or conventional mail, or by any other means by which a User/Member obtains notice thereof. Any use of IDMA by the User/Member after such notice shall be deemed to constitute acceptance by the User/Member of such changes, modifications or additions to the Terms, Conditions, Policies, Services, and Guidelines.
Ownership of Information Policy
All information provided by IDMA and its affiliates or third parties, on the website is owned by or licensed to WCEI and its affiliates and no User/Member is permitted to store, manipulate, analyze, reformat, copy and display any of IDMA’s information, other than what is deemed for such User/Member’s personal use. In no event shall any User/Member publish, retransmit, redistribute or otherwise reproduce any IDMA content in any format to anyone, and no User/Member shall use any IDMA content in or in connection with any business or commercial enterprise, including, but not limited to, any media, online programs, and DVDs.
Content Provider Conditions
The IDMA content is provided to the User/Member "as is" so neither IDMA nor its parent corporation, affiliates, or third parties will be liable to any User/Member or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the IDMA content or for any other information on the IDMA website.
Age Restriction Terms
The User/Member agrees that he/she is 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, Conditions, Policies, Services, and Guidelines, and to abide by and comply with these Terms, Conditions, Policies, Services, and Guidelines. IDMA, its parent corporation, affiliates, and third parties will not be liable to any unauthorized User/Member or anyone else not complying with the age restriction term, for damages (whether direct or indirect, consequential, punitive or exemplary) resulting from IDMA’s usage.
Third Party Conditions
Additional Terms, Conditions, Policies, Services, and Guidelines may apply to E-Commerce purchases of goods or services and to specific portions or features of the IDMA website, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of these Terms, Conditions, Policies, Services, and Guidelines by this reference. The User/Member agrees to abide by such other terms and conditions, including where applicable representing that the User/Member is of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms, Conditions, Policies, Services, and Guidelines and the terms posted for or applicable to a specific portion of the IDMA website or for any service offered on or through the IDMA website, the latter terms shall control with respect to his/her use of that portion of the website or the specific service. IDMA’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the IDMA website should be construed to alter such agreements. IDMA may make changes to any products or services offered on the IDMA website, or to the applicable prices for any such products or services, at any time, without notice.
The IDMA website is the only official website of IDMA and is © 2009 Copyright WCEI.
All materials on the IDMA website, including but not limited to, videos, information, data, text, software, music, sound, photographs, graphics, compilations, magnetic translation, digital conversion, and messages are all referred to as ("Content"), whether privately or publicly posted, and are the sole property of IDMA and are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The usage, copying, commercial reproduction, redistribution, or publication by the User/Member of any such Content or any part of the IDMA website is strictly prohibited. The posting of information or materials on the IDMA website does not constitute a waiver of any right in such information and materials. Some of the Content on the IDMA website may be the copyright work of third parties.
User/Member Restriction Policy
It is understood by the User/Member that all materials posted publicly or privately, including but not limited to information, data, text, photographs, graphics, emails all referred to as “Messages” on the forum, profiles, message board, and blogs all referred to as “Service”, are the sole responsibility of the User/Member from which such Messages originated. This means that the User/Member (the originating person), and not IDMA is entirely responsible for all Messages that the User/Member uploaded, posted, emailed, transmitted, or otherwise made available via the IDMA’s Service. IDMA does not control the Messages posted via the IDMA website Service and, as such, does not guarantee the accuracy, integrity or quality of such Messages. The User/Member understands that by using the Service, he/she may be exposed to information that is offensive, indecent or objectionable. Under no circumstances is IDMA, its parent corporation, its affiliates or third parties liable in any way for any Messages including, but not limited to, for any errors or omissions in any Messages, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Messages posted, emailed, transmitted, or otherwise made available via the Service. The User/Member agrees that he/she will not use the Service to:
a. upload, post, email, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a IDMA celebrity, grandmaster, legend, expert, or official, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
d. forge Content or otherwise manipulate Content in order to disguise the origin of any Messages transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Messages that the User/Member does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Messages that infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation. The User/Member may, however, make legally compliant solicitations in those areas (such as e-commerce - shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other User/Member's ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, any regulations having the force of law;
l. collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under the Criminal Code;
m. "stalk" or otherwise harass another; or
n. collect or store personal data about other User/Members without their express consent or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
The User/Member acknowledges that IDMA does not pre-screen Messages, but that IDMA and its designees have the right (but not the obligation) in their sole discretion to remove any Messages that violate the above (a) to (m) or deny User/Members access to the IDMA website if (a) to (m) are violated via the Service.
User/Member Account Information Terms
The User/Member acknowledges that he/she may not rely on any Messages created by IDMA or submitted to IDMA that is available on any part of the Service.
The User/Member acknowledges and expressly consents to IDMA accessing, preserving, and disclosing his/her account information and Messages if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Messages violates the rights of third-parties; (c) respond to his/her requests for customer service; or c) protect the rights, property, or personal safety of IDMA, its Users/Members and the public.
The User/Member understands that the technical processing and transmission of the Service, including his/her Messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The User/Member understands that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by IDMA and/or content providers who provide Content to the Service. The User/Member agrees that he/she will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
The User/Member is granted usage in a non-exclusive, non-transferable, revocable license (“Membership”) (a) to access and use the IDMA website strictly in accordance with the Terms, Conditions, Policies, Services, and Guidelines; (b) to use the IDMA website solely for internal, personal, non-commercial purposes; and (c) to uphold and maintain all copyright and other policies contained therein. The User/Member’s right to use the IDMA website (Membership) is not transferable or assignable. Any password or right given to the User/Member to obtain Content such as, but not limited to, videos, information, or documents is not transferable or assignable.
Legal Content Usage
The User/Member agrees that no print out or electronic version of any part of the IDMA website or its Contents may be used by him/her in any litigation or arbitration matter whatsoever under any circumstances.
User/Member’s Usage of Site Conditions
The User/Member agrees that he/she may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the IDMA website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the IDMA website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the IDMA website. IDMA reserves the right to bar any such activity. The User/Member may not attempt to gain unauthorized access to (a) any portion or feature of the IDMA website, or (b) any other systems or networks connected to the IDMA website or (c) to any IDMA server, or (d) to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means. The User/Member may not probe, scan or test the vulnerability of the IDMA website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. The User/Member may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the IDMA website, or any other customer of IDMA, including any IDMA account not owned by him/her, to its source, or exploit the IDMA website or any service or information made available or offered by or through the IDMA website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than his/her own information, as provided for by the IDMA website. The User/Member agrees that he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the IDMA website, systems, or networks, or any systems or networks connected to the IDMA website. The User/Member agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the IDMA website or any transaction being conducted on the website, or with any other person’s use of the website. The User/Member may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Message or transmittal he/she sends to IDMA or through the IDMA website or any service offered on or through the website. The User/Member may not pretend that he/she is, or that he/she represents, someone else, or impersonates any other individual or entity. The User/Member may not use the IDMA website or any Content for any purpose that is unlawful or prohibited by these Terms, Conditions, Policies, Services, and Guidelines, or to solicit the performance of any illegal activity or other activity which infringes the rights of IDMA or others.
Admonitions for International Use
Recognizing the global nature of the Internet, the User/Member agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the User/Member agrees to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which he/she resides.
By the User/Member submitting ideas, suggestions, documents, and/or proposals known as ("Contributions") to IDMA through its Service pages, he/she acknowledges and agrees that: (a) his/her Contributions do not contain confidential or proprietary information; (b) IDMA is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) IDMA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) IDMA may have something similar to the Contributions already under consideration or in development; (e) the User/Member Contributions automatically become the property of IDMA without any obligation of IDMA to the User/Member; and (f) the User/Member is not entitled to any compensation or reimbursement of any kind from IDMA under any circumstances.
The User/Member may access IDMA website solely: for his/her information and personal use; as intended through the normal functionality of the IDMA website; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from IDMA to a User/Member's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User/Member. Accessing IDMA videos for any purpose or in any manner other than Streaming is expressly prohibited. IDMA videos are made available "as is." The User/Member may access Content only as permitted under these Terms, Conditions, Policies, Services, and Guidelines. IDMA reserves all rights not expressly granted in and to the IDMA Content and the IDMA Service.
Videos are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the IDMA website, or otherwise as prohibited under this Agreement. Videos are made available to the User/Member for his/her information and personal use solely as intended through the normal functionality of the IDMA website.
Certain sections of, or offerings from, the IDMA website may require the User/Member to register. If registration is requested, the User/Member agrees to provide us with accurate, complete registration information. The User/Member’s registration must be done using his/her real name and accurate information. Each registration is for the User/Member’s personal use only and not on behalf of any other person or entity. The User/Member may never use another's account. The User/Member is solely responsible for the activity that occurs on his/her account, and he/she must keep his/her account password secure. IDMA does not permit (a) any other person using the registered sections under the User/Member’s name; or (b) access through a single name being made available to multiple users on a network. The User/Member is responsible for preventing such unauthorized use. The User/Member must notify IDMA immediately of any breach of security or unauthorized use of his/her account. Although IDMA will not be liable for the User/Member’s losses caused by any unauthorized use of his/her account, the User/Member may be liable for the losses of IDMA or others due to such unauthorized use.
IDMA does not represent or warrant that the IDMA website will be error-free, free of viruses or other harmful components, or that defects will be corrected. IDMA does not represent or warrant that the information available on or through the IDMA website will be correct, accurate, timely or otherwise reliable. IDMA may make changes to the features, functionality or Content of the website at any time and reserves the right in IDMA’s sole discretion to edit or delete any documents, information or other Content appearing on the IDMA website.
Forms, Agreements & Documents
IDMA may make available through the website or through other websites sample and actual forms, checklists, instructional documents, and certificates herein collectively referred to as “Documents”. All Documents are provided on a non-exclusive license basis only for the User/Member’s personal use and noncommercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, current-ness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and the User/Member does not hold IDMA, its parent corporation, its affiliates, or any provider of the Documents responsible if the Documents may or may not be inappropriate for the User/Member, in terms of, but not limited to, suitability, taste, and merchantability.
Unlawful Activity and Indemnification
IDMA reserves the right to investigate complaints or reported violations of these Terms, Conditions, Policies, Services, and Guidelines
and to take any action IDMA deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to the User/Member’s profile, email addresses, usage history, posted materials, IP addresses and traffic information.
The User/Member agrees to indemnify, defend and hold IDMA and its parent corporation, partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product, Content and service providers, and affiliates herein collectively referred to as "Affiliated Parties" harmless from any liability, loss, claim and expense, including attorney's fees, related to the User/Member’s violation of these Terms, Conditions, Policies, Services, and Guidelines or use of the IDMA website.
Content on the IDMA website involves instruction for physical activities that could result in physical harm. The User/Member hereby waives any claim against IDMA and Affiliated Parties for such physical injury. The User/Member agrees to indemnify, defend and hold harmless all Affiliated Parties from any liability, loss, claim and expense, including attorney's fees, related to such injuries.
The User/Member agrees that safety during training is the sole responsibility of the User/Member and not the responsibility of IDMA, its parent corporation, its affiliates or third parties nor, but not limited to, its video instructors. The User/Member agrees to take responsibility for his/her own safety and the safety around them and the safety of those around them. The User/Member agrees that it is the sole responsibility of the User/Member to determine whether an instruction is or is not safe for the User/Member and if the User/Member deems it unsafe or is unsure of its safety to him/her, it is the sole responsibility of the User/Member to avoid or stop the training/practice. The User/Member agrees that the User/Member has a responsibility to train and conduct him/herself in a manner that he/she will remain safe including but not limited to wearing protective equipment, and in an area where the User/Member will remain safe especially when practicing with Weapons. The term “Weapon(s)” applies to all but not limited to knives, swords, spears, and daggers. In the event of an injury, the User/Member agrees to the responsibility of evaluating the extent of harm by stopping what he/she is doing and determining if it is safe to continue, and only continue if the User/Member is certain that further training/practice/drills/exercise will not create or worsen a problem. In the event of a serious injury or appearance of a serious injury, the User/Member agrees to immediately stop and take the responsibility to seek professional medical help.
The User/Member agrees that IDMA is not responsible for any injury including but not limited to breaks, bruises, strains, twists, cuts, torn ligaments, and sprains as a result of but not limited to, the User/Member performing a skill incorrectly, a User/Member not being careful about others, a User/Member picking or using an unsafe training environment, a User/Member using a defective piece of training equipment, a User/Member hitting a potentially dangerous obstacle or condition on the floor, a User/Member not wearing proper protective equipment, or anything else that may cause or lead to harm of the User/Member.
The User/Member agrees that martial arts can be a potentially dangerous activity and that the User/Member is responsible for all his/her injuries due to training, practice, drills/exercise of the sport. The User/Member agrees that minor injuries such as, but not limited to, bumps, bruises, cramps, scrapes, scratches and soreness are commonplace, and the User/Member can encounter minor injuries in his/her training, and that the User/Member agrees to take sole responsibility for these minor injuries.
The User/Member agrees that despite safety precautions, the remote possibility of serious injuries such as, but not limited to, paralysis, head injury, or death, though training/practice is possible but certainly not expected, and the User/Member agrees that these injuries are the sole responsibility of the User/Member and not IDMA, including but not limited to its parent company, its affiliates, and third parties.
The User/Member understands and agrees to the above stated risks, and the User/Member acknowledges his/her responsibilities for his/her own safety and the safety of others around them while training. The User/Member agrees that he/she understands and accepts the risks involved with martial arts training and by assuming this risk, the User/Member completely absolves IDMA, its parent corporation, its affiliates, and third parties of all liabilities and agrees not to take any legal action as a result thereof.
Before undertaking the study of any martial arts, the User/Member agrees that the User/Member shall consult with his/her physician to determine if he/she has any past or current injury or illness that could prevent the User/Member from participating in any of IDMA’s martial art lessons. The User/Member agrees that the User/Member is aware that if he/she engages in an IDMA martial arts course then he/she is doing so entirely at his/her own risk (as described in Injury Disclaimer, Section One), and the User/Member agrees that any present and/or future physical or psychological pain or injury that he/she may incur is also at his/her own risk.
The User/Member agrees that the User/Member is solely responsible for any Weapons used during their training, practice, drills, and exercises, and that the User/Member agrees that IDMA, its parent corporation, its affiliates, and third parties are not liable for any illegal Weapon, actions, or injuries that may result from such Weapon use. The User/Member agrees that some Weapons may be illegal in the User/Member area so he/she is responsible to research local and provincial/state laws carefully to determine acceptable Weapons. The User/Member agrees to wear appropriate safety gear when training with Weapons such as but not limited to head, face, eye, and mouth protection and other guards suitable for such Weapons. The User/Member agrees to train with Weapons only in a safe area to avoid injury to, but not limited to, his/herself, others, and surrounding objects. The User/Member agrees that IDMA, its parent corporation, its affiliates, and third parties are not responsible for improper or illegal use or modification of such Weapons and that IDMA, its parent corporation, its affiliates are not responsible for any damage such as, but not limited to, mental, monetary, physical, or otherwise resulting from such improper or illegal use or modification. The User/Member agrees that he/she will not sell or distribute or loan any Weapons to anyone less than 18 years of age.
General Health Suggestions and Guideline Recommendations
The User/Member agrees that the User/Member uses these suggestions at his/her own risk and that IDMA, its parent corporation, its affiliates, and third parties assume no responsibility of any injurious effects from such use such as, but not limited to, monetary, damage, or injuries from these suggestions, which include:
Consult your physician before beginning any exercise program and know your limitations.
A medical condition, being overweight , being over the age of 40 years, and irregular exercise programs warrants a doctor’s check-up.
If enrolling a child in a martial arts program, consult with a doctor first. A medical check-up can help identify any particular injury risks a child may have.
Warm up thoroughly beforehand. Most martial arts disciplines recommend sustained warm-up for at least 15 minutes prior to starting.
Drink plenty of water before, during and after physical activity.
Allow cool-down time afterwards with, but not limited to, stretching.
Martial arts and fitness training can involve injury, disability, and/or death. Proper uses of equipment helps reduce such but does not necessary avoid or guarantee protection against thereof.
Read and follow specific warnings and instructions on lessons and products.
Minors should always be under adult supervision of a legal guardian.
Use undamaged and properly-fitted protective wear, undamaged and properly-maintained equipment, and undamaged and properly-maintained Weapons. Check protective wear, equipment, and weapons prior to each use.
Some Weapons may be illegal in the User/Member area so research local and provincial/state laws carefully.
Wear appropriate safety gear when training with Weapons
Train with Weapons only in a safe area to avoid injury to yourself, others and surrounding objects.
The User/Member expressly understands and agrees that:
a) the User/Member’s use of the service is at his/her sole risk. The service is provided on an “as is” and “as available” basis. IDMA, its parent corporation, affiliates, officers, employees, agents, co-branders, partners, and licensors expressly disclaim all warranties representations and conditions of any kind, whether express or implied, including but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. b) IDMA and its parent corporation, subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors make no warranty that (i) the service will meet the User/Member’s requirements, (ii)the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv)the quality of any products, services, information or other material purchased or obtained by the User/Member through the service will meet his/her expectations and (v) any errors in the software will be corrected. (c) Any videos or otherwise obtained through the use of the service is done at the User/Member’s own discretion and risk and that he/she will be solely responsible for any damage to his/her computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by the User/Member from IDMA or through or from the service shall create any warranty not expressly stated in the Terms, Conditions, Policies, Services, and Guidelines.
Use of Information
IDMA may allow access to or advertise certain third-party product or service providers herein referred to as "Merchants" from which the User/Member may purchase certain goods or services. The User/Member understands that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between the User/Member and Merchants. The User/Member agrees that use of or purchase from such Merchants is at his/her sole risk and is without warranties of any kind by IDMA, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is IDMA liable for any damages arising from the transactions between the User/Member and merchants or for any information appearing on merchant sites or any other site linked to our site.
Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to the User/Member while on any Merchant sites. IDMA is not responsible for information provided by the User/Member to Merchants. IDMA and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
The User/Member represents and warrants that if he/she is purchasing something from IDMA or from Merchants that (i) any credit information he/she supplies is true and complete, (ii) charges incurred by the User/Member will be honored by his/her credit card company, and (iii) the User/Member will pay the charges incurred by him/her at the posted prices, including any applicable taxes.
Information and Press Releases
The IDMA website contains information and press releases about IDMA. IDMA disclaims any duty or obligation to update this information or any press releases. Information about companies other than IDMA contained in the press release or otherwise, should not be relied upon as being provided or endorsed by IDMa.
Copyrights and Copyright Agents
IDMA respects the intellectual property of others, and IDMA ask the User/Member to do the same. If the User/Member believes that his/her work has been copied in a way that constitutes copyright infringement, please provide IDMA the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that the User/Member claims has been infringed;
c. A description of where the material that the User/Member claims is infringing is located on the IDMA website;
d. The User/Member’s address, telephone number, and email address;
e. A statement by the User/Member that he/she have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by the User/Member, made under penalty of perjury, that the above information in his/her Notice is accurate and that he/she are the copyright owner or authorized to act on the copyright owner's behalf.
IDMA operates a clear copyright policy in relation to any User/Member Submissions that are alleged to infringe the copyright of a third party. Details of that policy can be found in the Terms, Conditions, Policies, Services, and Guidelines under sections 25), 26) & 29).
As part of IDMA’s copyright policy, IDMA will terminate User/Member access to the website if a user has been determined to be a repeat infringer. A repeat infringer is a User/Member who has been notified of infringing activity more than, but not limited to, twice.
The User/Member agrees that he/she will not pursue any legal action against IDMA, its parent corporation, affiliates, and any third parties. Should any legal controversy or legal claim arise out of or relating to these Terms, Conditions, Policies, Services, and Guidelines herein referred to as “Agreement”, or IDMA’s services, excluding legal action taken by us to collect or recover damages for, but not limited to obtaining any injunction relating to, but not limited to, website operations, intellectual property, and IDMA’s services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of Ontario. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Waterloo County (Region), Ontario, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
General Practices Regarding Use and Storage
The User/Member acknowledges that IDMA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on IDMA’s servers on the User/Member’s behalf, and the maximum number of times (and the maximum duration for which) he/she may access the Service (specifically videos but not limited to) in a given period of time. The User/Member agrees that IDMA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The User/Member acknowledges that IDMA reserves the right to log off accounts that are inactive for a certain period of time as determined by IDMA without prior notice to the User/Member. The User/Member further acknowledges that IDMA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The User/Member agrees to the storage of his/her communications on its servers.
Modifications to Service
IDMA reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User/Member agrees that IDMA will not be liable to him/her or to any third party for any modification, suspension or discontinuance of the Service. The User/Member agrees that IDMA, in its sole discretion, may terminate the User/Member account or any part thereof, including any associated email address or his/her use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if IDMA believes that the User/Member has violated or acted inconsistently with the letter or spirit of the incorporated agreements or guidelines, (c) requests by law enforcement or other government agencies, (d) a request by the User/Member (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if the User/Member has or IDMA believes the User/Member has engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by him/her in connection with the Services. IDMA may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. The User/Member acknowledges and agrees that any termination of his/her access to the Service under any provision of these Terms, Conditions, Policies, Services, and Guidelines may be effected without prior notice and that IDMA may immediately deactivate or delete the User/Member’s account and all related Content (including without deactivate or delete his/her account and all related Content (including without limitation email messages and photos)) associated with or stored in his/her account and/or bar any further access to such Content or the Service. Further, the User/Member agrees that IDMA is not liable to him/her or any third-party for termination of the User/Member’s account (Including any associated
The User/Member acknowledges and agrees that the Service and any necessary software used in connection with the Service herein referred to as "Software" contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The User/Member further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the User/Member through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by IDMA or advertisers, the User/Member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
IDMA grants the User/Member a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that the User/Member does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. The User/Member agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The User/Member agrees not to access the Service by any means other than through the interface that is provided by IDMA for use in accessing the Service.
The User/Member shall be responsible for obtaining and maintaining all equipment such as, but not limited to, telephone, computer hardware, and other equipment needed for access to IDMA’s interactive System, and all charges related thereto.
The User/Member agrees that: (i) the IDMA website shall be deemed solely based in Ontario, Canada; and (ii) the IDMA website shall be deemed a passive website that does not give rise to personal jurisdiction over IDMA, either specific or general, in jurisdictions other than Ontario, Canada. Unless prohibited by local law, these Terms, Conditions, Policies, Services, and Guidelines shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between the User/Member and IDMA that arises in whole or in part from the IDMA website shall be decided exclusively by a court of competent jurisdiction located in Waterloo County (Region), Ontario, Canada. These Terms, Conditions, Policies, Services, and Guidelines and any other legal notices published by IDMA on the website, shall constitute the entire agreement between the User/Member and IDMA concerning the IDMA website. If any provision of these Terms, Conditions, Policies, Services, and Guidelines are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, Conditions, Policies, Services, and Guidelines, which shall remain in full force and effect. No waiver of any term of the Terms, Conditions, Policies, Services, and Guidelines shall be deemed a further or continuing waiver of such term or any other term, and IDMA’s failure to assert any right or provision under these Terms, Conditions, Policies, Services, and Guidelines shall not constitute a waiver of such right or provision. IDMA reserves the right to amend these Terms, Conditions, Policies, Services, and Guidelines at any time and without notice, and it is the User/Member’s responsibility to review these Terms, Conditions, Policies, Services, and Guidelines for any changes. The User/Member’s use of the IDMA website following any amendment of these Terms, Conditions, Policies, Services, and Guidelines will signify his/her assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, THE USER/MEMBER AND IDMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IDMA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Monitoring and Account Termination Policy
A. IDMA shall have the right, but not the obligation, to monitor the Content of IDMA’s interactive Service, including but not limited to chat rooms, forums, and blogs, to determine compliance with these Terms, Conditions, Policies, Services, and Guidelines and any operating rules established by IDMA and to satisfy any law, regulation or authorized government request.
B. IDMA will terminate a User/Member’s access to its website if, under appropriate circumstances, the User/Member is determined to be a repeat infringer.
C. IDMA reserves the right to decide whether Content or a User/Member Submission is appropriate and complies with the Terms, Conditions, Policies, Services, and Guidelines for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. IDMA may remove such User/Member Submissions and/or terminate a User/Member’s access for uploading such material in violation of these Terms, Conditions, Policies, Services, and Guidelines at any time, without prior notice and at its sole discretion.
D) Without limiting the foregoing, IDMA shall have the right to remove any material that IDMA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The User/Member agrees that IDMA, its parent corporation, its affiliates, and third parties are not responsible if a User/Member does not understand the Terms, Conditions, Policies, Services, and Guidelines due to, but not limited to, language, sight, illiteracy, or any other reason that would limit a User/Member from fully or partially understanding the Terms, Conditions, Policies, Services, and Guidelines, and the User/Member agrees that he/she is solely responsible and not IDMA, for making sure he/she fully understands all the Terms, Conditions, Policies, Services, and Guidelines.