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TERMS
OF USE
Welcome
to nama.co.uk (the “Site”). Thank
you for visiting we hope you enjoy the wealth of information here.
It
is important to us that you, and our other visitors, have the best possible
time while using our Site, and that when you use this Site you are fully
aware of our respective legal rights and obligations. For that reason,
we have created these Terms of Use as the legally binding terms to govern
your use of this Site. Please read these Terms of Use carefully before
using the Site, because they affect your legal rights and obligations.
Your Acceptance of Terms
If
you do not agree with any of these Terms of Use please do not use this
Site, because by using this Site you will be deemed to have irrevocably
agreed to these terms.
Areas
of this Site within the proprietary online service offered by N.A.M.A.
may be subject to additional terms and conditions, which you should read
carefully before making any use of those areas. Any such terms will not
vary or replace these Terms of Use regarding any use of this Site, unless
otherwise expressly stated.
Please
note that these Terms of Use may be revised and reissued without notice
at any time by updating this posting. You should visit this page regularly
to review the current Terms of Use, since your continued use of the Site
will be deemed as irrevocable acceptance of any revisions. These Terms
of Use were last updated on 18th November, 2001.
How To Contact Us
This Site
is controlled and operated by
'The National Academy of Martial Arts'
31 Cecil Crescent,
Hatfield,
Herts,
Al10 0HF,
England.
Telephone: +44(0)1707 271213,
E-mail: info@nama.co.uk.
Please
forward any complaints, questions or general comments to info@nama.co.uk
Your Registration
To
access this Site or some of the resources it has to offer, you may be
asked to provide registration details. It is a condition of use of this
Site that all the details you provide will be correct, current, and complete.
If we at N.A.M.A. believe the details
are not correct, current, or complete, we have the right to refuse you
access to the Site, or any of its resources, and to terminate or suspend
your account.
Unless,
we have received a properly completed and acceptable parental consent
form governing your use of this Site, we will assume (and by using this
Site you warrant that) you have legal capacity to enter into the agreement
set out in these Terms of Use (i.e., that you are of sufficient age and
mental capacity and are otherwise entitled to be legally bound in contract).
Online Privacy Notice
Your
privacy is important to us. To better protect your privacy, we provide
a notice explaining our online information practices and the choices you
can make about the way your information is collected and used at this
site. Click here
to show this notice, which forms part of these Terms of Use.
Trademarks and Copyrights
This
Site and all materials incorporated by N.A.M.A.
on this Site (“Material”) are protected by copyrights, patents, trade
secrets or other proprietary rights (“Copyrights”). Some of the characters,
logos or other images incorporated by N.A.M.A.
on this Site are also protected as registered or unregistered trademarks,
trade names and/or service marks owned by N.A.M.A.
or others (“Trademarks”). N.A.M.A.
respects the intellectual property rights of others and asks users of
this Site to do the same.
Your Use of Material
Your
right to make use of this Site and any Material or other content appearing
on it is subject to your compliance with these Terms of Use. Modification
or use of the Material or any other content on this Site for any purpose
not permitted by these Terms of Use may be a violation of the Copyrights
and/or Trademarks and is prohibited.
You
may access and display Material and all other content displayed on this
Site for non-commercial, personal, entertainment use on a single computer
only. The Material and all other content on this Site may not otherwise
be copied, reproduced, republished, uploaded, posted, transmitted, distributed
or used in any way unless specifically authorised by N.A.M.A.
Any authorisation to copy material granted by N.A.M.A.
in any part of this Site for any reason is restricted to making a single
copy for non-commercial, personal, entertainment use on a single computer
only, and is subject to your keeping intact all copyright and other proprietary
notices. Using any material on any other web site or networked computer
environment is prohibited. Also, decompiling, reverse engineering, disassembling,
or otherwise reducing the code used in any software on this Site into
a readable form in order to examine the construction of such software
and/or to copy or create other products based (in whole or in part) on
such software, is prohibited.
Disclaimer of Warranties
YOUR
USE OF THIS SITE IS AT YOUR OWN RISK. NAMA.CO.UK AND ALL THE MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN NAMA.CO.UK
ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, N.A.M.A. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. N.A.M.A. DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT N.A.M.A. WEB SITES
OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. N.A.M.A. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT IN NAMA.CO.UK OR ANY SITES LINKED
TO NAMA.CO.UK IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. N.A.M.A. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN N.A.M.A.
ONLINE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND N.A.M.A. ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF NAMA.CO.UK.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
N.A.M.A.
DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE)
RESULTING FROM ANY USE OF, OR INABILITY TO USE, NAMA.CO.UK OR THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON NAMA.CO.UK,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF N.A.M.A.
ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT
LIMITATION, YOU (AND NOT N.A.M.A.) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE
ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE
LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums
THE
MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON
BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE
(“FORUMS”) ARE NOT NECESSARILY THOSE OF N.A.M.A. OR ITS AFFILIATED OR
RELATED ENTITIES OR CONTENT PROVIDERS. N.A.M.A. DOES NOT UNDERTAKE TO
MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY
OF N.A.M.A.. N.A.M.A. MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE
OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS
WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS
ON LIABILITY SET OUT ABOVE.
Submissions, Postings and E-mail's
N.A.M.A.
is interested in hearing from you. It is, however, our policy that we
will not accept or consider unsolicited submissions of concepts, stories,
or other potential content. Therefore, please do not send N.A.M.A.
any unsolicited submissions.
From
time to time, areas on this Site may expressly request submissions of
concepts, stories, or other potential content from you (‘Invited Submissions’).
Where this is the case, please carefully read any specific rules or other
terms and conditions which appear elsewhere on this Site to govern those
submissions (‘Additional Terms’), since they will affect your legal rights.
If no Additional Terms govern those submissions, then these Terms of Use
will apply in full to any Invited Submissions you make.
In
any event, any material you send to us will not be treated as confidential.
Please
act responsibly when using this Site. You may only use this Site and its
contents for lawful purposes and in accordance with applicable law and
you are prohibited from storing, distributing or transmitting any unlawful
material through this Site. You may not collect or store personal information
regarding other users. You recognise that storing, distributing or transmitting
unlawful material could expose you to criminal and/or civil liability.
You agree that if a third party claims that material you have contributed
to the Site is unlawful, you will bear the burden of establishing that
it is lawful. You understand and agree that all materials publicly posted
(other than by N.A.M.A.) or privately
transmitted on or through this Site are the sole responsibility of the
sender, not N.A.M.A. and that you
are responsible for all material you upload, post or otherwise transmit
to or through this Site.
We
at N.A.M.A. require that you do not
post e-mail's or submit to or publish through Forums or otherwise make
available on this Site any content, or act in a way, which in our opinion:
(a)
libels, defames, invades privacy, stalks, is obscene, pornographic, racist,
abusive, harassing, threatening or offensive;
(b) seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
(c) infringes any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or trademarks or their
rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) you do not have the right to transmit under any contractual or other
relationship (e.g., inside information, proprietary or confidential information
received in the context of an employment or a nondisclosure agreement);
(f) advocates or promotes illegal activity;
(g) impersonates or misrepresents your connection to any other entity
or person or otherwise manipulates headers or identifiers to disguise
the origin of the content;
(h) advertises any commercial endeavour (e.g., offering for sale products
or services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting
goods or services) except as specifically authorised on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms and/or ‘Trojan horses’
or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which affects
the ability of other people to engage in real time activities via the
Site;
(l) copies any other pages or images on this Site except with appropriate
authority;
(m) includes MP3 format files;
(n) amounts to a ‘pyramid’ or similar scheme;
(o) amounts to ‘data warehousing’ (i.e., using any web space made available
to you as storage for large files which are only linked from other sites).
You must provide a reasonable amount of content to accompany such material
in order that at least some of the traffic to your site comes directly
via us;
(p) disobeys any policy or regulations established from time to time regarding
use of this Site or any networks connected to this Site; or
(q) contains links to other sites that contain the kind of content, which
falls within the descriptions set out at (a) to (p) above.
In
addition, you are prohibited from removing any sponsorship banners or
other material inserted by N.A.M.A.
anywhere on this Site (e.g., on any web space made available for your
use).
System
Abuse
Without limitation, you agree not to send, create or reply to so called
“mailbombs” (i.e.,
e-mailing copies of a single message to many users, or sending large or
multiple files or messages to a single user with malicious intent) or
engage in “spamming”(i.e., unsolicited e-mailing for business or other
purposes) or undertake any other activity which may adversely effect the
operation or enjoyment of this Site by any other person.
You
may not reproduce, sell, resell or otherwise exploit any resource, or
access to any resource, contained on this Site.
Security
Any
passwords used for this Site are for individual use only. You shall be
responsible for the security of your password (if any). N.A.M.A.
shall be entitled to monitor your password and, at its discretion, require
you to change it. If you use a password that N.A.M.A.
considers insecure, N.A.M.A. will
be entitled to require this to be changed and/or terminate your account.
You
are prohibited from using any services or facilities provided in connection
with this Site to compromise security or tamper with system resources
and/or accounts. The use or distribution of tools designed for compromising
security (e.g. password guessing programs, cracking tools or network probing
tools) are strictly prohibited. If you become involved in any violation
of system security, N.A.M.A. reserves
the right to release your details to system administrators at other sites
in order to assist them in resolving security incidents.
Investigations
N.A.M.A.
reserves the right to investigate suspected violations of these Terms
of Use, including without limitation any violation arising from any submission,
posting or e-mails you make or send to any Forum. N.A.M.A.
may seek to gather information from the user who is suspected of violating
these Terms of Use, and from any other user. N.A.M.A.
may suspend any users whose conduct or postings are under investigation
and may remove such material from its servers as it deems appropriate
and without notice. If N.A.M.A. believes,
in its sole discretion, that a violation of these Terms of Use has occurred,
it may edit or modify any submission, posting or e-mail's, remove the
material permanently, cancel postings, warn users, suspend users and passwords,
terminate accounts or take other corrective action it deems appropriate.
N.A.M.A. will fully co-operate with
any law enforcement authorities or court order requesting or directing
N.A.M.A. to disclose the identity
of anyone posting any e-mail's, or publishing or otherwise making available
any materials that are believed to violate these Terms of Use. BY ACCEPTING
THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS N.A.M.A.
ONLINE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY N.A.M.A. ONLINE
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER N.A.M.A. ONLINE OR LAW ENFORCEMENT
AUTHORITIES.
Service
In
order to use this Site, you must obtain access to the World Wide Web and
pay any service fee associated with that access. You will need to provide
all equipment necessary to connect to the Site on the World Wide Web (including
a computer, modem and/or other access devices).
N.A.M.A.
reserves the right to modify or discontinue, temporarily or permanently,
all or any part of this Site and/or any software, facilities and services
on this Site, with or without notice, and/or to establish general guidelines
and limitations on their use.
Local Regulations
N.A.M.A.
makes no representation that Materials or other content in the Site are
appropriate or available for use outside the UNITED KINGDOM, its territories,
possessions and protectorates. If you choose to access the Site from other
locations you do so on your own initiative and at your own risk. You are
responsible for complying with local laws, if and to the extent local
laws are applicable. You specifically agree to comply with all applicable
laws concerning the transmission of technical data exported from the United
Kingdom or the country you reside in.
Indemnity
You
agree to indemnify and hold harmless N.A.M.A.
and its officers, directors, employees, agents, distributors and affiliates
from and against any and all claims, demands, liabilities, costs or expenses,
including reasonable lawyer’s fees, resulting from your breach of any
of the foregoing provisions, representations or warranties, and/or from
your placement or transmission of any content onto N.A.M.A.'s
servers, and/or from any and all use of your account.
Our Use of Content
N.A.M.A.
will consider anything you provide to N.A.M.A.
and/or contribute to this Site as available for our use free of any obligations
to you, except where we have expressly solicited Invited submissions and
those submissions are expressly governed by Additional Terms appearing
elsewhere on this Site (see ‘Submissions, Postings and E-mail's’ above),
in which event those Additional Terms will determine how we will treat
your Invited Submissions.
Subject
to the provisions of any Additional Terms, by posting or uploading any
content to this Site and/or providing any communication or material to
N.A.M.A. (“User Content”), you automatically
and irrevocably: (a) grant and assign to N.A.M.A.
any and all rights in the User Content throughout the world including
without limitation all copyright, together with all consents (if any)
necessary to enable its reproduction, distribution, modification, publishing
and/or other exploitation by N.A.M.A.
and/or by any person authorised by N.A.M.A.,
by any means and in all media now known or hereafter devised without payment
or other reference to you or any other person, and to advertise and promote
such exploitation, for the full period of all such rights (together with
any extensions and renewals) and insofar as possible in perpetuity; (b)
waive all moral rights in the User Content which may be available to you
in any part of the world and confirm that no such rights have been asserted;
(c) appoint N.A.M.A. as your agent
with full power to enter into any document and/or do any act N.A.M.A.
may consider appropriate to confirm the grant and assignment, consent
and waiver set out above; (d) warrant that you are the owner of the User
Content and entitled to enter into these Terms of Use; (e) confirm that
no such User Content will be subject to any obligation, of confidence
or otherwise, to you or any other person and that N.A.M.A.
shall not be liable for any use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the Internet. These sites may
contain information or material that some people may find inappropriate
or offensive. These other sites are not under the control of N.A.M.A.,
and you acknowledge that (whether or not such sites are affiliated in
any way with N.A.M.A.) N.A.M.A.
is not responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of any site by N.A.M.A.
or any association with its operators.
N.A.M.A.
cannot ensure that you will be satisfied with any products or services
that you purchase from any third-party site that links to or from N.A.M.A.
since other shop channels are owned and operated by independent retailers.
N.A.M.A. does not endorse any of the
merchandise, nor has N.A.M.A. taken
any steps to confirm the accuracy or reliability of any of the information
contained in such third-party sites. N.A.M.A.
does not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
personal information) you might be requested to give any third party,
and you irrevocably waive any claim against us with respect to such sites.
We strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online transaction with any
of these third parties.
Proprietary Online Services
Any
area of this Site that is accessed through any proprietary online service
is subject to the rules, policies and guidelines of such proprietary online
service.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely
for the purpose of providing entertainment and information and promoting
programs, films, music, and other products available in the United Kingdom,
its territories, possessions, and protectorates. The Site is controlled
and operated by N.A.M.A. from its
offices within the United Kingdom.
These
Terms of Use shall be governed by, construed and enforced in accordance
with the laws of the United Kingdom, as they are applied to agreements
entered into and to be performed entirely within the UK. Any action you,
any third party or N.A.M.A. may bring
to enforce these Terms of Use or, in connection with any matters related
to the Site shall be brought only in a UK court of law, and you expressly
consent to the jurisdiction of said courts.
If
any provision of these Terms of Use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable for
this agreement and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between the parties
relating to the matters contained herein.
Claims of Infringement
If
you believe that any content appearing on this Site infringes your copyright
rights, we at N.A.M.A. Online want to hear from you. Please forward the
following information in writing to the Copyright Agent named below:
(a) your
name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing
material is located;
(d) a statement by you that you have a good faith belief that the disputed
use has not been authorised by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical
signature of the person authorised to act on your behalf; and behalf.
Copyright Agent
Bob Fermor, President and Chief Instructor,
The National Academy of Martial Arts
31 Cecil Crescent, Hatfield, Herts, Al10 0HF, England
Tel:
+44 (0)1707 271213
E-mail: CustomerService@nama.co.uk
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