Terms of Use

Terms of Use Last Updated: Oct 1, 2011

 

 

“Content” refers to text, documents, software, scripts, graphics, illustrations, images, photographs, animation, artwork, information, messages, information, posts, user comments, user posts, audio clips, lessons or files, music, sound, data, files, video clips, lessons or files, hypertext links, interactive features and the like, and includes any work in which copyright or other proprietary or intellectual property rights reside.

 

“Site Member” refers to a person who has established a Site Membership account with SOO BAHK DO INSTITUTE. Each Site Member is also a User.

 

“SOO BAHK DO INSTITUTE”, “We” and “Our” refer to U.S. Soo Bahk Do Moo Duk Kwan Federation, Inc. a New Jersey Corporation DBA as the SOO BAHK DO INSTITUTE.

 

“SOO BAHK DO INSTITUTE Content” refers to Content made available or provided by SOO BAHK DO INSTITUTE on or through the SOO BAHK DO INSTITUTE Website.

 

“SOO BAHK DO INSTITUTE Website” refers to the website accessible via the “SOO BAHK DO INSTITUTE.com” domain address and other websites owned, operated or controlled by SOO BAHK DO INSTITUTE.

 

“Agreement” refers to this Terms of Use and all terms and conditions herein.

 

“User” refers to any person who views or uses the SOO BAHK DO INSTITUTE Website.

 

“You” and “Your" refers to the person who is viewing or using the SOO BAHK DO INSTITUTE Website, and includes Users, Site Members, SOO BAHK DO INSTITUTE affiliates and SOO BAHK DO INSTITUTE Affiliates Program applicants.

 

“Your Site Member Content” refers to Content published on, or posted, provided or uploaded to, the SOO BAHK DO INSTITUTE Website by You.

 

The “Program” refers to the SOO BAHK DO INSTITUTE Affiliates Program.

 

“Your Site” means any site that you will link to the SOO BAHK DO INSTITUTE Website (and which you will identify in your Program application).

 

This Agreement applies to all Users.

 

The SOO BAHK DO INSTITUTE Website may contain links to third party websites that are not owned or controlled by SOO BAHK DO INSTITUTE. SOO BAHK DO INSTITUTE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SOO BAHK DO INSTITUTE will not and cannot censor or edit the content of any third party site. By using the SOO BAHK DO INSTITUTE Website, You expressly release SOO BAHK DO INSTITUTE from any and all liability arising from Your use of any third party website. Accordingly, We encourage You to be aware when You have left the SOO BAHK DO INSTITUTE Website and to read the terms and conditions and privacy policy of each other website that You visit.

 

SOO BAHK DO INSTITUTE hereby grants You permission to use the SOO BAHK DO INSTITUTE Website as set forth in this Agreement, provided that: (a) Your use of the SOO BAHK DO INSTITUTE Website is solely for Your personal use; (b) You will not copy or distribute any part of the SOO BAHK DO INSTITUTE Website or its content without SOO BAHK DO INSTITUTE’ prior written authorization or as subject to further provisions in this document; (c) You will not alter or modify any part of the SOO BAHK DO INSTITUTE Website other than as may be reasonably necessary to use the SOO BAHK DO INSTITUTE Website for its intended purpose; (d) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) You will not disrupt servers or networks connected to the SOO BAHK DO INSTITUTE Website; and (f) You will otherwise comply with this Agreement.

 

In order to access certain areas of the SOO BAHK DO INSTITUTE Website and to post or download certain Content, You will have to become a Site Member and establish a Site Membership account with SOO BAHK DO INSTITUTE (“Site Membership Account”). You may never use another person’s Site Membership Account without permission. When creating Your Site Membership Account, You must provide accurate and complete information. All required registration information that You provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, You must also choose a user name and password for Your Site Membership Account. It is Your sole responsibility to keep Your Site Membership Account number, user name, password and other sensitive information confidential. If You become aware of any unauthorized use of Your Site Membership Account or any other breach of security, You agree to notify SOO BAHK DO INSTITUTE immediately. SOO BAHK DO INSTITUTE reserves the right to establish different levels of Site Membership, to charge for Site Membership, and to change the terms of Site Membership at any time without notice. You are solely responsible for the activity that occurs on Your Site Membership Account. Although SOO BAHK DO INSTITUTE will not be liable for Your losses caused by any unauthorized use of Your Site Membership Account, You may be liable for the losses of SOO BAHK DO INSTITUTE or others due to such unauthorized use.

 

You agree not to use or launch any data mining or extraction methods or automated systems, including without limitation, “robots,”“spiders,” and “offline readers,” that access the SOO BAHK DO INSTITUTE Website in a manner that sends more request messages to the SOO BAHK DO INSTITUTE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. SOO BAHK DO INSTITUTE grants the operators of public search engines permission to use spiders to copy materials from the SOO BAHK DO INSTITUTE Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SOO BAHK DO INSTITUTE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the SOO BAHK DO INSTITUTE Website, nor to use the communication systems provided by the SOO BAHK DO INSTITUTE Website for any commercial solicitation purposes. SOO BAHK DO INSTITUTE, in its sole discretion, may (but has no obligation to) monitor or review the Content at any time.

 

SOO BAHK DO INSTITUTE may at any time without notice and in its sole discretion: (a) terminate access to or use of any Content or any area of the SOO BAHK DO INSTITUTE Website where Content is posted; and (b) disclose any information related to Your use of Content, or the substance of any of Your Site Member Content, as SOO BAHK DO INSTITUTE deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about Yourself or Your children when You post or otherwise submit any Content. You understand that when using the SOO BAHK DO INSTITUTE Website, You will be exposed to Content from a variety of sources, and that SOO BAHK DO INSTITUTE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against SOO BAHK DO INSTITUTE with respect thereto, and agree to indemnify and hold SOO BAHK DO INSTITUTE, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the SOO BAHK DO INSTITUTE Website.

 

SOO BAHK DO INSTITUTE reserves the right to discontinue any aspect of the SOO BAHK DO INSTITUTE Website at any time. SOO BAHK DO INSTITUTE may block, restrict, disable, suspend or terminate Your access to all or part of the SOO BAHK DO INSTITUTE Website and Content at any time in SOO BAHK DO INSTITUTE’ sole discretion, without prior notice or liability to You.

 

 

The SOO BAHK DO INSTITUTE Content, as well as its selection and arrangement, is owned by or licensed to SOO BAHK DO INSTITUTE and is protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the SOO BAHK DO INSTITUTE Content may violate such laws and this Agreement. Except as expressly provided herein, SOO BAHK DO INSTITUTE does not grant any express or implied rights to use the SOO BAHK DO INSTITUTE Content. SOO BAHK DO INSTITUTE Content is provided to You AS IS for Your information and personal, non-commercial use only. Subject to the terms of this Agreement, SOO BAHK DO INSTITUTE hereby grants You a worldwide, non-exclusive, non-transferable, non-sublicensable license (or sublicense) to use, access and if specifically authorized to do so, download the SOO BAHK DO INSTITUTE Content, in whole or in part, for Your personal, educational and non-commercial use. SOO BAHK DO INSTITUTE also hereby grants You a worldwide, non-exclusive, non-transferable, non-sublicensable license (or sublicense) to access, use, and distribute previews of SOO BAHK DO INSTITUTE Content for Your personal, educational and non-commercial use; provided that such distribution is through means explicitly authorized by SOO BAHK DO INSTITUTE on the SOO BAHK DO INSTITUTE Website. The licenses granted herein by SOO BAHK DO INSTITUTE are terminable at will by SOO BAHK DO INSTITUTE without notice. SOO BAHK DO INSTITUTE reserves all rights not expressly granted herein in and to the SOO BAHK DO INSTITUTE Website and the SOO BAHK DO INSTITUTE Content.

 

You agree not to copy, reproduce, teach, provide instruction in, distribute, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer all or any part of the SOO BAHK DO INSTITUTE Website or the SOO BAHK DO INSTITUTE Content, or the selection and arrangement of the SOO BAHK DO INSTITUTE Website and SOO BAHK DO INSTITUTE Content, except as expressly authorized herein. You agree not to circumvent, disable or otherwise interfere with security related features of the SOO BAHK DO INSTITUTE Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SOO BAHK DO INSTITUTE Website or the Content therein. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein.

 

The trademarks, logos and service marks (“Marks”) displayed on the SOO BAHK DO INSTITUTE Website are the property of the U.S Soo Bahk Do Moo Duk Kwan Federation or other third parties. You are not permitted to use the Marks without the prior written consent of U.S Soo Bahk Do Moo Duk Kwan Federation or such third party that may own the Marks, and this Agreement conveys no express or implied rights to use the Marks. SOO BAHK DO INSTITUTE and the SOO BAHK DO INSTITUTE logo are trademarks of SOO BAHK DO INSTITUTE. The rights specified herein relating to SOO BAHK DO INSTITUTE Content are not applicable to the design, layout or look and feel of the SOO BAHK DO INSTITUTE Website. Such elements of the SOO BAHK DO INSTITUTE Website are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Marks, graphic, sound or image from the SOO BAHK DO INSTITUTE Website may be copied or retransmitted unless expressly permitted by SOO BAHK DO INSTITUTE.

 

Content encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the SOO BAHK DO INSTITUTE Website (collectively, “Software”) are the copyrighted and/or patented and/or patent pending property of SOO BAHK DO INSTITUTE or its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the SOO BAHK DO INSTITUTE Website page(s) accompanying the Software, or posted with the Software downloads or at the SOO BAHK DO INSTITUTE Website page where the Software can be accessed, and are incorporated herein by this reference. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless You agree to the terms of such license agreement. Absent a license agreement that accompanies the Software, use of the Software will be governed by this Agreement. You agree that You will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

 

The SOO BAHK DO INSTITUTE Website facilitates the submission of videos or other Content by specifically authorized Site Members and the hosting and publishing of such Content. You understand that whether or not Your Site Member Content is published, SOO BAHK DO INSTITUTE does not guarantee any confidentiality with respect to Your Site Member Content. SOO BAHK DO INSTITUTE has complete discretion whether to accept or reject Your Site Member Content, or to transfer Your Site Member Content from one portion of the SOO BAHK DO INSTITUTE Website to another and from one Site Member account to another. Furthermore, SOO BAHK DO INSTITUTE reserves the right to remove all or part of Your Site Member Content from the SOO BAHK DO INSTITUTE Website and the right to block, restrict, disable, suspend or terminate access to all or part of Your Site Member Content at any time in SOO BAHK DO INSTITUTE’ sole discretion, without prior notice or liability to You.

 

You shall be solely responsible for Your Site Member Content and the consequences of posting or publishing it. In connection with Your Site Member Content, You affirm, represent, and warrant that (a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize SOO BAHK DO INSTITUTE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Site Member Content to enable inclusion and use of Your Site Member Content in the manner contemplated by the SOO BAHK DO INSTITUTE Website and this Agreement; (b) You have no knowledge as to any third party claims regarding the proprietary rights in and to any of Your Site Member Content which would or may interfere with the rights granted by You under this Agreement; (c) Your Site Member Content is not defamatory or obscene; (d) Your Site Member Content does not contain illegal material; (e) Your Site Member Content does not contain material which denigrates or attacks any persons based on race, religion, national origin, sexual orientation or the like; and (f) You have the written consent and/or permission of each and every identifiable individual person in Your Site Member Content to use their name or likeness as contemplated by the SOO BAHK DO INSTITUTE Website and this Agreement.

 

SOO BAHK DO INSTITUTE does not endorse Your Site Member Content or any opinion, recommendation, or advice expressed therein, and SOO BAHK DO INSTITUTE expressly disclaims any and all liability in connection with Your Site Member Content. Except to the extent licensed herein, You retain all Intellectual Property Rights in Your Site Member Content unless otherwise authorized in writing. However, by submitting Your Site Member Content to the SOO BAHK DO INSTITUTE Website, You hereby grant SOO BAHK DO INSTITUTE a worldwide, exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), transmit, display, and perform Your Site Member Content in connection with the SOO BAHK DO INSTITUTE Website and SOO BAHK DO INSTITUTE’ (and its successor’s) business including, without limitation, for promoting and redistributing part or all of the SOO BAHK DO INSTITUTE Website (and derivative works thereof) in any media formats and through any media channels.

 

Further, You hereby grant to SOO BAHK DO INSTITUTE the right to display advertising in connection with the use, reproduction, display, distribution and performance of Your Site Member Content and any derivative works thereof without additional remuneration to You. You further acknowledge that You are aware that SOO BAHK DO INSTITUTE has limited practical ability to control or monitor possible infringement by other parties of Your Intellectual Property Rights in Your Site Member Content and that SOO BAHK DO INSTITUTE assumes no responsibility for unauthorized downloads or copies of Your Site Member Content. By submitting Your Site Member Content to the SOO BAHK DO INSTITUTE Website, You also hereby grant each User of the SOO BAHK DO INSTITUTE Website an exclusive license to use, access, reproduce, display and perform Your Site Member Content, in whole or in part, through the SOO BAHK DO INSTITUTE Website and as permitted through the functionality of the SOO BAHK DO INSTITUTE Website and under this Agreement for personal, educational and non-commercial use. The foregoing license granted by You to each User of the SOO BAHK DO INSTITUTE Website will survive notwithstanding any subsequent removal or deletion of Your Site Member Content from the SOO BAHK DO INSTITUTE Website.

 

In connection with Your Site Member Content, You further agree that You will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant SOO BAHK DO INSTITUTE all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage SOO BAHK DO INSTITUTE or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; or (e) impersonate another person. SOO BAHK DO INSTITUTE does not permit copyright infringing activities and infringement of intellectual property rights on the SOO BAHK DO INSTITUTE Website, and SOO BAHK DO INSTITUTE will remove Your Site Member Content if properly notified that Your Site Member Content infringes on another’s intellectual property rights. SOO BAHK DO INSTITUTE will also terminate a User’s access to the SOO BAHK DO INSTITUTE Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content removed from the SOO BAHK DO INSTITUTE Website more than twice.

 

If You are a copyright owner or an agent thereof and believe that any Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512 (c)(3) for further detail): (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed 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 the service provider to locate the material; (d) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail; (e) A statement that You 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; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. SOO BAHK DO INSTITUTE’ designated Copyright Agent to receive notifications of claimed infringement is: Executive Administrator, U.S. Soo Bahk Do Moo Duk Kwan Federation, Inc., 20 Millburn Ave Floor 2, Springfield, New Jersey 07081, email: admin@soobahkdoinstitute.com fax: 973-467-5716. You acknowledge that if You fail to comply with all of the requirements set forth above, Your DMCA notice may not be valid. Please also note that, under Section 512(f) of the U.S. Copyright Act, any person who makes a false claim of infringement is liable to anyone who suffers any damages because of that misrepresentation, including court costs and attorney’s fees.

 

 

Content may or may not be available for downloading upon payment of the SOO BAHK DO INSTITUTE.’ Content that is made available for downloading upon payment of the SOO BAHK DO INSTITUTE, then-current license fee for that particular content as determined by SOO BAHK DO INSTITUTE and the owner of that Content. Once payment of the license fee is made, You will be permitted to view the entire Content online and, if specified under "Use" for that particular Content, download Content for future viewing and use. Specific Content should be viewed online and/or downloaded within 30 days (or fewer if stipulated specifically on the product purchase page) following payment of the license fee otherwise it may not be available for further viewing or downloading; provided, however, that if Content is to be removed from the SOO BAHK DO INSTITUTE Website prior to the expiration of such 30 day (or fewer if stipulated specifically on the product purchase page) period, SOO BAHK DO INSTITUTE will exercise commercially reasonable efforts to notify you of such shortened time period. SOO BAHK DO INSTITUTE will have no liability to You for any failure on Your part to download Content within the allotted time period and You will not be entitled to a refund of license fees paid in connection with such Content. Furthermore, license fees are non-refundable, even in cases of general dissatisfaction with or non-performance of the Content including, but not limited to, quality or technical issues. Notwithstanding the foregoing, SOO BAHK DO INSTITUTE wants the Site Member experience to be a satisfactory one and asks that any questions, issues or complaints be directed to support@soobahkdoinstitute.com SOO BAHK DO INSTITUTE will work with You to resolve complaints and, in certain instances and at SOO BAHK DO INSTITUTE’ sole discretion, SOO BAHK DO INSTITUTE may offer credits which may be applied against license fees payable for other Content on the SOO BAHK DO INSTITUTE Website or offer a refund.

 

 

Your Site Member Content will be made available for viewing and/or downloading by other Site Members upon payment of the subscription fee or license fee for that particular content as set by SOO BAHK DO INSTITUTE pursuant to guidelines set by SOO BAHK DO INSTITUTE, subject to such discounts, if any, as SOO BAHK DO INSTITUTE may establish in its sole discretion. Except as specified below, for Your Site Member Content that is viewed or downloaded by another Site Member, You may be entitled to receive royalty payments (“Royalties”) or other licensing and use fees in an amount established by mutual written agreement between You and the U.S. Soo Bahk Do Moo Duk Kwan Federation, Inc. SOO BAHK DO INSTITUTE reserves the right to change Royalties and/or license fees for future access and downloads at any time in its sole discretion and without prior notice or liability to You unless otherwise specified in writing.

 

Notwithstanding the foregoing, You acknowledge and agree that SOO BAHK DO INSTITUTE may, from time to time, offer particular Site Members complimentary access to any Content on the SOO BAHK DO INSTITUTE Website, including Your Site Member Content, and that You will receive no Royalties in connection with such transactions. A statement of Royalties payable and Royalties paid will be maintained for Your Site Member Content. SOO BAHK DO INSTITUTE will attempt to update Your Site Membership Account in a timely matter, but the amount of Royalties shown as payable are subject to change based on returns, refunds and credits actually issued with respect to Your Site Member Content.

 

SOO BAHK DO INSTITUTE will pay You Royalties at Your request, but in no event earlier than 30 days following receipt by SOO BAHK DO INSTITUTE of applicable license fees, and only when accrued unpaid Royalties equal or exceed $25. All payments will be made in U.S. dollars and are payable only to Your PayPal account. You must have a PayPal account and are responsible for maintaining the PayPal account at all times. You acknowledge that PayPal may apply a processing or other fee on the Royalties and that You are responsible for such fees. You are also solely responsible for reporting and paying any applicable tax or tariffs on Royalties. If you do not believe that Royalties paid to You have been accurately calculated, You must notify SOO BAHK DO INSTITUTE of such belief within 30 days following payment of such Royalties into Your PayPal account. Your failure to notify SOO BAHK DO INSTITUTE within such time frame will constitute Your waiver of any claims You may have relating to SOO BAHK DO INSTITUTE’ calculation and payment of such Royalties. SOO BAHK DO INSTITUTE will exercise good faith efforts to resolve any such issue brought to its attention, but SOO BAHK DO INSTITUTE’ resolution will be final. Unpaid Royalties will not accrue interest, and unpaid Royalties more than 12 months old may be subject to fees or relinquishment, as SOO BAHK DO INSTITUTE may determine in its sole discretion. Although SOO BAHK DO INSTITUTE will make commercially reasonable efforts to notify You prior to instituting any such action with respect to unpaid Royalties, it will not be liable to You if you fail to receive or if You disregard such notice. SOO BAHK DO INSTITUTE will have no obligation to pay any Royalties, and is permitted to deduct or withhold any amounts from or posted to Your Site Membership Account determined or reasonably determined by SOO BAHK DO INSTITUTE in its sole discretion to have resulted from the violation by You or Your Site Member Content of any provision of this Agreement. SOO BAHK DO INSTITUTE reserves the right to withhold or deduct payment of Royalties, if applicable, or to suspend or otherwise disable Your Site Membership Account pending its reasonable investigation of any such violation.

 

 

(a) Enrollment in the Program and Eligibility: To begin the enrollment process, you will submit a complete Program application via the SOO BAHK DO INSTITUTE Website. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program or for any other reason as SOO BAHK DO INSTITUTE may decide. Unsuitable sites include, but are not limited to, those that violate intellectual property rights or promote sexually explicit materials, offensive content or activities, violence, illegal activities, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law.

 

(b) Links on Your Site: Once you have been notified that your site has been accepted into the Program, we grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to the SOO BAHK DO INSTITUTE Website, to provide on your site one or more of the following types of links to the SOO BAHK DO INSTITUTE Website: You may select one or more Products to list on your site using a variety of formats that we make available to you, such as text link format, graphical link format, customizable “widget” format, or “video preview” link format. A “Product” is any product listed on the SOO BAHK DO INSTITUTE Website that is available for sale (e.g. SOO BAHK DO INSTITUTE subscriptions or SOO BAHK DO INSTITUTE courses). We will provide you with instructions, guidelines and graphical artwork to use in linking to the SOO BAHK DO INSTITUTE Website. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special “tagged” link formats to be used in all links between your site and the SOO BAHK DO INSTITUTE Website. You must ensure that each of the links between your site and the SOO BAHK DO INSTITUTE Website properly utilizes such link formats. Links to the SOO BAHK DO INSTITUTE Website placed on your site pursuant to this Agreement and which properly utilize such link formats are referred to as “Affiliate Links.” You will earn referral fees only with respect to activity on the SOO BAHK DO INSTITUTE Website occurring directly through Your Affiliate Links and/or Site Member selection of Your name from a drop down selection list during the checkout process on eligible products. Not all products will be eligible for Referral fees and not all Affiliates will be eligible to appear in the drop down list presented to users during checkout. SOO BAHK DO INSTITUTE will not be liable to you with respect to any failure by you to use Affiliate Links or by Site Members failure to select Your name from the drop down list during checkout, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

 

(c) Referral Fees: We will pay you referral fees on certain eligible Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through an Affiliate Link on your site to the SOO BAHK DO INSTITUTE Website or select Your name from the drop down list and during a single session, purchase the Product. Payments will only be available for payout 30 days after a Product sale in consideration of returns and refunds in accordance with the SOO BAHK DO INSTITUTE Satisfaction Guarantee. If a refund is made for a Product, no commission will be paid out to Affiliates on that sale in consideration of the refund. You may not purchase products during sessions initiated through the links on your site for your own use or for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or affiliates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. Similarly, if you are the owner of a Product made available for sale on SOO BAHK DO INSTITUTE, you are not eligible to receive referral fees on any transactions that include the sale of any of your SOO BAHK DO INSTITUTE products.

 

(d) Referral Fee Schedule: for Products sold during sessions initiated through Affiliate Links on your site and Site Member selection of your name from the Drop Down list during checkout, you will earn referral fees in accordance with the Fee Structure described below, which is subject to change at the discretion of SOO BAHK DO INSTITUTE:

 

USA Certified Teaching Program Leaders                           5% commission

USA Certified Studio Owners                                                20% commission

Authorized World Moo Duk Kwan entities                           variable

Independent Affiliates                                                             variable

 

(e) Affiliate Earnings Payout: Once you reach $25 of available earnings (earnings from a sale become available 30 days following a purchase presuming there is no return), you can request payment via your SOO BAHK DO INSTITUTE Affiliate Dashboard. Payment will be made via PayPal within 7 days to the email address associated with your account. In the event that you earn more than $500 in one calendar year, SOO BAHK DO INSTITUTE will require you to provide to us your Social Security number or other tax identification number for tax reporting purposes and you may receive an IRS form 1099 from us. Your social security number or tax identification number shall be used only for tax reporting purposes and not otherwise disclosed to any third party.

 

The SOO BAHK DO INSTITUTE Website may contain Content that is neither SOO BAHK DO INSTITUTE Content nor Your Site Member Content (“Other Content”). Such Other Content belongs to its creator or author, may be protected by intellectual property rights or other proprietary rights, and no rights to such Other Content are conveyed herein.

 

 

SOO BAHK DO INSTITUTE makes no guarantees: (a) regarding the availability, operation, maintenance, timing or delivery of the SOO BAHK DO INSTITUTE Website, any specific Content or any portion thereof; or (b) that submission of Your Site Member Content will secure any success or generate any Royalties.

 

YOU AGREE THAT YOUR USE OF THE SOO BAHK DO INSTITUTE WEBSITE AND ALL CONTENT SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED BY SOO BAHK DO INSTITUTE “AS-IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SOO BAHK DO INSTITUTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOO BAHK DO INSTITUTE WEBSITE AND CONTENT AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOO BAHK DO INSTITUTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOO BAHK DO INSTITUTE WEBSITE, THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SOO BAHK DO INSTITUTE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOO BAHK DO INSTITUTE WEBSITE AND CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOO BAHK DO INSTITUTE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOO BAHK DO INSTITUTE WEBSITE BY ANY THIRD PARTY, (F) ANY FAILURE TO COMPLY WITH ACCESS RESTRICTIONS OR INSTRUCTIONS, AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS, OR CESSATION OR SUSPENSION OF USE OR ACCESS, OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE SOO BAHK DO INSTITUTE WEBSITE. SOO BAHK DO INSTITUTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOO BAHK DO INSTITUTE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOO BAHK DO INSTITUTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

 

 

IN NO EVENT SHALL SOO BAHK DO INSTITUTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOO BAHK DO INSTITUTE WEBSITE AND CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOO BAHK DO INSTITUTE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOO BAHK DO INSTITUTE WEBSITE BY ANY THIRD PARTY, (F) ANY FAILURE TO COMPLY WITH ACCESS RESTRICTIONS OR INSTRUCTIONS, AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS, OR CESSATION OR SUSPENSION OF USE OR ACCESS, OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE SOO BAHK DO INSTITUTE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOO BAHK DO INSTITUTE TO YOU FOR ANY CLAIM EXCEED THE LESSER OF: (A) THE TOTAL ROYALTIES PAID TO YOU BY SOO BAHK DO INSTITUTE DURING THE SIX MONTHS PRECEDING THE DATE THE CLAIM FIRST AROSE; OR (B) THE TOTAL LICENSE FEES PAID BY YOU TO SOO BAHK DO INSTITUTE DURING THE SIX MONTHS PRECEDING THE DATE THE CLAIM FIRST AROSE; OR (C) $50. YOU SPECIFICALLY ACKNOWLEDGE THAT SOO BAHK DO INSTITUTE SHALL NOT BE LIABLE FOR YOUR SITE MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The SOO BAHK DO INSTITUTE Website is controlled and offered by SOO BAHK DO INSTITUTE from its facilities in the United States of America. SOO BAHK DO INSTITUTE makes no representations that the SOO BAHK DO INSTITUTE Website is appropriate or available for use in other locations. Those who access or use the SOO BAHK DO INSTITUTE Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

 

You agree to defend, indemnify and hold harmless SOO BAHK DO INSTITUTE, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) Your use of and access to the SOO BAHK DO INSTITUTE Website; (b) Your violation of any term of this Agreement; (c) Your violation of any third party right including, without limitation, any copyright, property, or privacy right; or (d) any claim that Your Site Member Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the SOO BAHK DO INSTITUTE Website.

 

 

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, You affirm that You are over the age of 13, as the SOO BAHK DO INSTITUTE Website is not intended for children under 13. If You are under 13 years of age, then please do not use the SOO BAHK DO INSTITUTE Website—there are lots of other great web sites for You. Talk to Your parents about what sites are appropriate for You.

 

 

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by SOO BAHK DO INSTITUTE without restriction and without notice.

 

 

You agree that: (a) the SOO BAHK DO INSTITUTE Website shall be deemed solely based in New Jersey; and (b) the SOO BAHK DO INSTITUTE Website shall be deemed a passive website that does not give rise to personal jurisdiction over SOO BAHK DO INSTITUTE, either specific or general, in jurisdictions other than New Jersey. This Agreement shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles and the parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Any claim or dispute between You and SOO BAHK DO INSTITUTE that arises in whole or in part from the SOO BAHK DO INSTITUTE Website shall be decided exclusively by a federal or state court of competent jurisdiction located in Union County, New Jersey. You agree that You are subject to the personal jurisdiction of such courts. This Agreement, together with the Privacy Policy and any other legal notices published by SOO BAHK DO INSTITUTE on the SOO BAHK DO INSTITUTE Website, shall constitute the entire agreement between You and SOO BAHK DO INSTITUTE concerning the SOO BAHK DO INSTITUTE Website.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SOO BAHK DO INSTITUTE’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. SOO BAHK DO INSTITUTE reserves the right to amend this Agreement at any time and without notice, and it is Your responsibility to review this Agreement for any changes. Your use of the SOO BAHK DO INSTITUTE Website including, but not limited to, having an active non-cancelled Site Membership Account, following any amendment of this Agreement will signify Your assent to and acceptance of its revised terms. If you do not wish to accept any changes to this Agreement, you must cancel Your Site Membership Account. Please refer to the SOO BAHK DO INSTITUTE Website or email support@soobahkdoinstitute.com com for instructions on canceling Your Site Membership Account.