Helsinki 25.10.2016

iKwondo Terms of Use

Please read this agreement carefully before accessing or using this web site. By accessing or using the site, you agree to be bound by this agreement. The information and services on this site are provided by Railroad Media, Inc. and its suppliers, subject to your agreement to the terms and conditions below.

These Terms of Use (“Terms”) govern the use of iKwondo online taekwondo academy (“Service”) and govern the relationship between you (“You” or “User”) and ProBroz Oy, (“ProBroz” or “We”) regarding your use of the Service.

By accessing or using the Service You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, do not use the Service.

Medical Disclaimer

Before starting any Taekwondo or other exercise program through the Service, consult your physician to determine if such program is right for your needs. Do not start exercise program through the Service if your physician advises against it. Your use of the Service and attending our video classes is at your sole discretion and risk. Always stop the exercise immediately if you experience faintness, dizziness, pain or shortness of breath at any time while exercising.

You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via Facebook.

The Service is intended for people who are at the age of majority (usually 18 years old or older). Persons under that age shall provide a separate consent by their legal guardian.

Your Rights and Obligations

The Service is licensed to you for your personal and non-commercial use only. Your use of the Service might be governed also by separate policies, as provided in connection with such services. Each individual User shall only create one (1) Account.

When attending live taekwondo classes through the Service You shall always wear proper exercise clothing. And use appropriate language when contacting the service personnel or instructor and not behave in a manner that makes the instructor feel uncomfortable or intimidated. iKwondo has the right to suspend You from using the service if you don’t follow these guidelines.

iKwondo grants to you a limited, non-exclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Service for your private use. The Service comprises the relevant online video classes that enables you to use the Service. You affirm that you have not been previously suspended or removed from the Service. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.

If you start using the Service, You may not use such Service for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the online Service and accordingly, the system requirements to use the Service may change over time.

This Agreement does not entitle you to future updates, new versions or other enhancements of the Service although iKwondo may choose to provide such updates etc., in its sole discretion.

Without limiting any other remedies, iKwondo may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if iKwondo suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the iKwondo services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any additional content (as defined here below) or other material associated with your use of the Service, and iKwondo is under no obligation whatsoever to compensate You for any such losses or results.

You are solely responsible for all your use of the Service and for the security of your equipment. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that you are personally responsible for the use of your account, and for all of the communication and activity in connection with the Service resulting from the use of your account.

Intellectual Property Rights

The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“iKwondo Property”) are owned by or licensed to iKwondo, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in these Terms, iKwondo does not grant any express or implied rights to use iKwondo Property.

iKwondo may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures (“Additional Content”).

You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the iKwondo Property and Additional Content only in connection with the usage of the Service. Any use of the Service, iKwondo Property or Additional Content other than as specifically authorised in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.

User Content and Copyright Policy

You may interact with our taekwondo instructors through the Service and submit messages and/or other content to the Service (“User Content”). iKwondo does not have any duty to monitor any User Content. However, iKwondo shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.

You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.

iKwondo does not claim ownership to any User Content but You grant to iKwondo a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.

iKwondo respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If iKwondo becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement to support our email at info@iKwondo.com or to our designated agent at info@ikwondo.com/usercontent    

User Contributions

Users who post materials to this Service (e.g., bulletin boards) agree to abide by the following rules: (1) users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws; (2) users may not interfere with other user's use and enjoyment of this Service; (3) users may not use this site to conduct any activity that is illegal or that violates the rights of others; (4) users may not use this site to advertise or sell products or services to others; and (5) users must immediately inform iKwondo service administration if they have reason to believe that a user is infringing any copyrighted materials.

A user posting material represents that such material is unique to the user or used with permission of the copyright holder, and assigns to iKwondo ownership of such material. iKwondo has no responsibility for the content of any material posted by users, but iKwondo reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on this site, and (ii) refuse access to the site to any user that violates this agreement. Bulletin boards contain the opinions and views of other parents. iKwondo is not responsible for the accuracy of any messages on this site and you should always consult a physician or other qualified healthcare provider before relying on any information you find on this site.

Third-Party Services and Material

The Service may contain links to websites operated by third parties or feature content which is made available in third-party services and enable you to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. iKwondo assumes no responsibility for such third-party services and/or content in third-party services.

Payment Policy

iKwondo Service and any Additional Content are purchased via iKwondo website or via Apple’s iTunes store or Android’s Google Play store. When you purchase the membership, you are also subject to the iTunes or Google Play terms of service.

Paid Membership

Users that sign up to iKwondo have access to the recorded classes for the paid period. To access any special or premium features of iKwondo, including (but not limited to) a live option to allow the instructor to see you via the web camera and provide personalised instruction (live classes), you will have to pay via an auto-renewing membership plan from iKwondo website, Apple’s iTunes store or Android’s Google Play store. In Finland you have also an option to buy a fixed term subscription with supported sport vouchers (we may change the support for sport vouchers at our discretion)

Renewals and cancellations

Your subscription is automatically renewed at the end of the subscription period (except if a fixed term subscription). You can modify or cancel your subscription at any time from within the Service (if purchased online) or by signing in to your iTunes or Google Play account on your computer or iOS or Android device and changing the settings. If you cancel the subscription you can access the service normally until the end of the billing period, we will not refund the remaining the time.

For more details:

Online: You may cancel automatic renewal at any time before that date from within the iKwondo web site through your Manage subscription page:https://ikwondo.com/account/

Refunds

Any purchases made are final and non-refundable, but if you feel that the service provided has not been as described please contact our Customer Service team at info@iKwondo.com. Note that if your payment is managed by Apple via iTunes we are not able to process refunds ourselves and you will need to contact Apple customer service for refunds.

Pricing changes

We reserve the right to change our pricing plans at our own discretion. In this case we will try to inform you before any changes so you can modify or cancel your membership before the changes are made. We accept no responsibility for any losses you may incur by failing to change your membership plan after we have informed you of any changes to the pricing plan.

Please note that we may offer limited time promotional prices at our discretion. Those may be also personal offers and not available to anyone. The promotional prices are not available within Apple’s iTunes store or Android’s Google Play store but only via iKwondo website.

Furthermore, promotional usually represent a one-time discount which is only valid for one purchase, not for any recurring payments. When your iKwondo membership renews itself after your chosen period has ended, the original price will therefore be charged to your account.

Personal Information and Security

You shall give to iKwondo correct personal and other information necessary for the use the Service. You shall inform iKwondo of any changes to such information.

Use of your personal and other information is governed by iKwondo Privacy Policy, which is incorporated herein by reference. You consent to processing your personal and other information in accordance with the iKwondo Privacy Policy, including (without limitation) transfer of such data to countries outside the European Union or the European Economic Area in accordance with applicable legislation and the iKwondo Privacy Policy.

iKwondo shall take appropriate online and physical measures to prevent unauthorised access to, improper use of and the reasonable accuracy of your personal data submitted to iKwondo via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on iKwondo servers is not generally available to the public. However, the use of internet services always includes security risks.

You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to iKwondo and/or third parties. You agree to not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.

Support and Modifications

iKwondo shall have no obligation to provide support or maintenance for the Service under this agreement. iKwondo may, at its sole discretion, provide limited technical support for the Service.

You understand that the Service is an evolving one. As long as your license for the service is valid you are entitled to upgrades or updates of the service. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. iKwondo may license upgrades and updates to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.

Service Disclaimer / No Warranty

To the maximum extent permitted by applicable law, except as provided above, IKWONDO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS, EXCEPT IN CASES WHERE DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE.

Indemnification

You agree to defend, indemnify and hold harmless iKwondo, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the service (including User Content). iKwondo reserves the right to assume its own defence and/or control of any matter otherwise subject to indemnification by You hereunder.

Limitation of Liability

You understand and acknowledge that iKwondo will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT IKWONDO SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE, HOWEVER WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS AS A CONSUMER.

IKWONDO SHALL IN NO CASE BE LIABLE FOR ANY PERSONAL INJURY OR DEATH RELATED TO USE OF THE SERVICE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF IKWONDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF IKWONDO EXCEED THE TOTAL AMOUNT OF THE SERVICE FEES, PAID BY YOU TO IKWONDO DURING A PERIOD OF SIX (6) MONTHS PRECEDING THE CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE THAT IKWONDO SHALL NOT BE LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE RESTS ENTIRELY WITH YOU.

Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to you.

Provisioning of the Service and Termination

iKwondo shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time.

These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. In such cases You will not be entitled to any refund.

General

iKwondo may assign or delegate its rights and obligations under the Terms and/or the iKwondo Privacy Policy, in whole or in part, to any person or entity at any time. You may not assign or delegate rights or obligations under the Terms or Privacy Policy without iKwondo’s prior written consent.

These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country.

You and iKwondo agree that if any portion of the terms or if the iKwondo Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the Terms, which shall continue to be in full force and effect.

iKwondo may publish additional policies related to specific services. Your right to use such service is subject to those specific policies and the terms.

iKwondo reserves the right to change, modify, add or remove portions of the Terms and its Privacy Policy at any given time by posting the amended Terms on the service, and in case of substantial changes, by email to the email address provided by You to iKwondo. You will be deemed to have accepted such changes by continuing to use the Service. If You do not agree to any portions of the then-current version of our terms, iKwondo Privacy Policy, or any other iKwondo policy, rules or codes of conduct relating to your use of the service, Your license to use the service shall immediately terminate, and You must immediately stop using the service, and You will not be entitled to any refund of the service fee. In such case please check the service on a regular basis so that You remain aware of the then-current Terms.

Disputes and Applicable Law

All disputes relating to the Service and the Terms shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.

These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.

       Contact info:
       ProBroz Oy
       Business ID: FI26201337
       Address: Iiluodontie 7B 71, 00990 Helsinki, Finland
       Email: info@iKwondo.com
       www: www.iKwondo.com

Please contact support if you have any questions that aren't answered here.