| Terms and Conditions of Use
Welcome to the Yoshukai Web site (the "Site"). By using the Site,
you agree to follow and be bound by the following terms and conditions
concerning your use of the Site ("Terms of Use"). We may revise
the Terms of Use at any time without notice to you.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated
in these documents (the "Documents") from the Site subject to
the following: (a) the Documents may be used solely for personal, informational,
non-commercial purposes; and (b) the Documents may not be modified or
altered in any way. Except where your use constitutes "fair use"
under copyright law, you may not otherwise use, download, upload, copy,
print, display, perform, reproduce, publish, license, post, transmit or
distribute any information from this Web site in whole or in part without
the express authorization of Yoshukai.
2. Use of Software
Any use of software and accompanying documentation you download from the
Site is subject to the terms of a software license agreement between you
and Yoshukai. You must read the license agreement and indicate your agreement
to its terms prior to installing or using the software. All rights, title
and interest not expressly granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board,
news group, letter to Yoshukai, its webmaster or employees, or e-mail function
offered as part of the Site. You agree not to upload, email, post, publish
or otherwise transmit through a Forum any content that: (a) is false or
misleading; (b) is defamatory; (c) is harassing or invades another's privacy,
or promotes bigotry, racism, hatred or harm against any group or individual;
(d) is obscene; (e) infringes another's rights, including but not limited
to intellectual property rights; (f) constitutes unsolicited bulk e-mail,
"junk mail," "spam" or chain letters; or (g) violates
any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute
or otherwise publish any content containing a solicitation of funds, promotion,
advertising, solicitation for goods or services, or other commercial matter.
You agree not to solicit other users of the Site to use or join or become
members of any commercial online or offline service or other organization.
Except where expressly authorized by Yoshukai, you agree not to collect
or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting
content to any Forum or submitting any content to Yoshukai, you automatically
grant (or warrant that the owner of such rights has expressly granted)
Yoshukai a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, transmit and distribute
such content on in any form, medium, or technology now known or later
developed. In addition, you warrant that all so-called moral rights in
the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s)
you are given to access the Site, and are fully responsible for all activities
that occur under your password(s). You agree to notify Yoshukai immediately
of any unauthorized use of your password(s).
Yoshukai is concerned about the security of personal information we have
collected from you and has taken reasonable steps to prevent unauthorized
access to that information.
5. Termination of Use
You agree that Yoshukai may, in its sole discretion, at any time terminate
your access to the Site and any account(s) you may have in connection
with the Site. Access to the Site may be monitored by Yoshukai.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and
services from third parties, including users, advertisers, affiliates
and sponsors of the Site. You agree that Yoshukai is not responsible for
the availability of, and content provided on, third party Web sites. You
should refer to the policies posted by other Web sites regarding privacy
and other topics before you use them. You agree that Yoshukai is not responsible
for third party content accessible through the Site, including opinions,
advice, statements and advertisements, and understand that you bear all
risks associated with the use of such content. If you choose to purchase
any products or services from a third party, your relationship is directly
with the third party. You agree that Yoshukai is not responsible for: (a)
the quality of third party products or services; and (b) fulfilling any
of the terms of your agreement with the seller, including delivery of
products or services and warranty obligations related to purchased products
or services. You agree that Yoshukai is not responsible for any loss or
damage of any sort you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE
SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Yoshukai EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Yoshukai MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS;
(B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR
RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK. Yoshukai SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS, INFORMATION OR SOFTWARE.
Yoshukai RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY
TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL Yoshukai BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless Yoshukai and its staff
from and against any and all claims, liabilities, damages, losses or expenses,
including reasonable attorneys' fees and costs, arising out of or in any
way connected with your access to or use of the Site.
10. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit
any personal information to us.
11. Copyright/Trademark Information
Copyright © 2004, Yoshukai. All rights reserved.
12. Contact Information
If you have any questions regarding these Terms of Use, please contact
Yoshukai at www.Yoshukai.org
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