Terms & conditions.
USSD Participant and Parent Release of Liability
I hereby make application to participate in martial arts tournament by United Studios of Self Defense.
I hereby acknowledge that all risk pertaining to my participation in the martial arts tournament have been explained to me and I hereby agree to assume all risk of injury, including possible death, which may result from said participation.
I do hereby for myself, my family, heirs, executors, and administrators, waive and release any and all rights for claims and damages I, or the minor for whom I am parent/guardian, may have against United Studios of Self Defense, its promoters, officials, committees, employees, agents, servants, representatives, volunteers, members and other participants at said tournament for any and all damages or injuries which may be suffered as a result of attending, participation or practicing in said martial arts tournament. I certify that I, or the minor named herein, is medically fit and suitable for participation in this martial arts tournament and that there are no limitations or restrictions on my or the minor’s participation in this martial arts tournament.
In addition, I do hereby name and authorize United Studios of Self Defense , its promoters, officials, committees, employees, agents, servants, representatives, volunteers, members, and other participants to act in any and all matters that may require my consent during this event. This authorization includes the rendering or failure to render and/or acceptance of any medical aid, medical care, hospitalization and/or other assistance deemed necessary for the proper care and well-being of myself and/or the minor during this event, and I accept full responsibility for any necessary and related expenses in this regard.
I, parent or guardian, hereby represent that the minor is in my custody. I also consent to said minor’s participation in said martial arts tournament and understand the risks involved in this participation and I assume all such risks.
Finally, I further agree that myself and/or the minor, my family, my heirs, executors and administrators will not hold any of the entities or persons named in paragraph 3 above, liable for any damages or injuries that I or the minor sustain. I further agree to accept any and all responsibility for any and all damages or injuries that I or the minor may cause to any person, structure, building, or facility or location connected in any way with this event. I agree to indemnify and hold harmless the entity or persons named in paragraph 3 above against any claims, actions, and/or causes of actions for any injuries, damages, and/or death which relate in any way to my or the minor’s participation in this event, or by any means on said premises which may be initiated by myself or said minor or any person on his behalf. Each of the undersigned further expressly agrees that the foregoing release, waiver and indemnify agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Media Privacy Release
I hereby grant United Studios of Self Defense, and any assignee, licensees, and legal representatives of United Studios of Self Defense, the irrevocable right to use my name (or any fictional name), picture, portrait, video, or photograph in all forms and media in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and I waive any right to inspect or approve the finished version(s), including written copy, that may be created in connection therewith.
I assume all risks associated with possible exposure to COVID-19 while I or my minor is participating in this activity. I will not hold United Studios of Self Defense , its promoters, officials, committees, employees, agents, servants, representatives, volunteers, members, and other participants liable for any medical expenses or other costs related to COVID-19. I will adhere to the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19.
By clicking below, I do hereby accept the conditions in full of this liability waiver and medical release. I certify that I read the above and understand its contents. If signed solely by this applicant, applicant certifies that he or she is at least 18 years of age.
Welcome to www.ussdtournaments.com (the “Website”), owned by United Studios of Self Defense Fountain Valley (“USSDFV”, the “Company”, “we”, “our”, or “us”), a software platform (the “Platform”) for your business management needs. Our Platform enables you to add items, tickets, personal infomration, payment infomration, and other functions across multiple services, including but not limited to, the Website, web applications, widgets, mobile applications, APIs, and other delivery methods that are developed and maintained by USSDFV and its third party service providers. USSDFV also provides professional setup and advisory services (collectively, the “Service”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE PLATFORM AND SERVICE.
1. Acceptance of Terms. These Terms and Conditions of Use (these “Terms”) set forth legally binding terms for your use of the Platform and Service. By using the Platform and Service, you agree to be bound by these Terms. If you do not accept the conditions of these Terms, you should leave the Platform and discontinue use of the Service immediately. We may modify these Terms from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to these Terms when you use the Platform and Service after any such modification is posted; it is therefore important that you review these Terms regularly.
2. General Registration Requirements. In consideration of your use of the Platform and Service, you represent that you are of legal age to form a binding contract or have accepted the Terms stated through a parent or guardian and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. BY ACCEPTING THESE TERMS, THE INDIVIDUAL IS ACTING WITH AUTHORITY AS AN OWNER, EMPLOYEE, OR AGENT ON BEHALF OF A COMPANY TO BECOME A MEMBER OF THE PLATFORM AND OBTAIN THE SERVICE FOR USE BY OR FOR THE BENEFIT OF THE COMPANY. THE COMPANY WILL BE BOUND TO THE TERMS AND CONDITIONS HEREIN.You also agree to: (a) provide true, accurate, current and complete information about yourself and your company (if applicable) as prompted by the registration form available within the Platform (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Platform and Service (or any portion thereof). Use of the Service and membership of our Platform is void where prohibited.
3. Children. Due to the nature of the Internet, we cannot prohibit minors from visiting our Website or using our Platform and Service. If you are a minor, your acceptance of the terms and conditions stated herein must be through a parent or lawful guardian. We have the right to presume that you as a Member have lawfully represented your capacity to enter into these Terms whether directly or through a parent or guardian.
4. Site Access. If you register for the Platform and Service or otherwise use the Platform to enter as competitor, you will be required to provide your personal infomration, email address, physical information, payment information, and you may be asked for additional information regarding your account(s). This information will be kept secured and confidential, to the best efforts of USSDFV, and will not be shared with third parties not associated with United Studios of Self Defense, Inc. (“USSD”). You agree to (a) immediately notify us (by e‐mail to firstname.lastname@example.org) should you have any issues accessing the site. The Website and USSDFV are not liable for any loss or damage arising from your failure to comply with this Section. Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization are explicitly prohibited and will result in immediate termination of services in addition to other legal remedies.
6. Security Components. You understand that our Platform and Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The Website and/or content providers who provide content to The Website. You may not attempt to override or circumvent any such security components and usage rules embedded into our Platform and Service.
7. Non‐Commercial Use. The Platform or Service may not be used in connection with any commercial purposes, except as specifically approved in writing by The Website, primarily with the tournament events o United Studios of Self Defense, or as provided within our Platform or Service. The Platform and Service is intended for registering for these events only. Unauthorized framing of or linking to any part of our Platform or Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and User Content without notice and may result in termination of membership privileges.
8. The Website and Third Party Content. Our Platform and Service contains Content of The Website (“Website Content”), and Content of third party licensors to The Website which is protected by copyright, trademark, patent, trade secret and other laws. In addition, The Website has developed processes, concepts, and online tools to manage entries into the database hosted by The Website. This is also proprietary information owned by The Website and is Website Content. By utilizing this Platform and Service, you acknowledge and agree that The Website owns and retains all rights, title and interest in the Website Content. The Website hereby grants to you a limited, revocable, non- transferable, non‐sub‐licensable license to reproduce and display a single copy of the Website Content and any third party Content located on or available through our Platform or Service (excluding any software code therein) solely for your use in connection with viewing our Platform and using the Service. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Platform or Service.
10. Payment of Fees. The fees for the Platform and Service provided are posted on our Website and are subject to change without notice. You agree to pay The Website in advance the applicable fees for the events you enter per tournament event under these Terms. Unless other arrangements are pre-approved by The Website, we will bill your account for all fees for the Platform and Service due each time you successfully complete a purchase of events and/or tickets, and you hereby authorize The Website to charge your account for all such fees. You will provide accurate and complete billing information including legal name, address, telephone number, and billing account (either ACH or payment card) information. If such information is false or fraudulent, we reserve the right to terminate the Platform and Service and your access to the Platform and Service in addition to seeking any other legal remedies. The Website is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by The Website. The Website payments are non-refundable, but in certain circumstances credit may be applied to your future bills. Each charge will be considered valid unless disputed by you in writing within fifteen days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on our Website or within our Platform. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on The Website’s income.
11. Event Cancellation. If signed up for an upcoming event and decide to cancel, you may ONLY do so by informing the appropriate responsible party (depending on the event) and email@example.com at least One Week before the deadline to enter. Failure to do so will result in automatic rejection of your cancellation request.
12. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. Copyright Policy. The Website has in place certain legally mandated procedures pursuant to the Digital Millennium Copyright Act (“DMCA”) regarding allegations of copyright infringement occurring in our Platform or with the Service. The Website reserves the right in its sole discretion to immediately suspend and/or terminate access to the Platform and Service by any user who is alleged to have infringed on the intellectual property rights of The Website or of a third party, or otherwise violated any intellectual property laws or regulations. The Website’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Website to delete, edit, or disable the material in question, you must provide The Website with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Website to locate the material; (d) information reasonably sufficient to permit The Website to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (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. For this notification to be effective, you must provide it to The Website’s agent for copyright issues relating to the Platform at the following:
18120 Brookhurst Street, Suite 15
Fountain Valley, CA 92708
If you believe that any User Content that you submitted through the Platform and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to The Website’s agent for copyright issues: (a) your physical or electronic signature; (b) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by The Website’s agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Website’s sole discretion.
15. Term and Termination. These Terms shall remain in full force and effect for so long as it is posted within our Platform or on our Website at https://dragontournaments.ussdstudents.com and all of its sub-domains. The Website cannot provide partial refunds. For cancellations and refunds refer to Section 11. The Website reserves the right to terminate your account(s) or your access to our Platform and Service immediately, with or without notice to you, and without liability to you, if The Website believes that you have breached any of the conditions of these Terms, furnished The Website with false or misleading information, or interfered with use of the Platform or Service by others. The discontinuance of these Terms or your use of the Platform and Service will not relieve either party of representations, warranties or obligations that are intended to survive or to be performed after, the termination or expiration of these Terms or the Service or use of the Platform. Without limiting the generality of the foregoing, Sections 4, 5, 7, 8, 9, and 12 -25, along with your payment obligations, will survive the expiration or discontinuation of these Terms or termination of your use of the Platform and Service. Upon termination, your data will no longer be accessible. Prior to termination, you may export your information, excluding payment account information which is encrypted and protected by Payment Card Industry rules.
16. Disclaimer of Warranties. You expressly understand and agree that: YOUR USE OF THE PLATFORM AND THE SERVICE IS AT YOUR SOLE RISK. THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “THE WEBSITE PARTIES”) EXPRESSLY DISCLAIM 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 NONINFRINGEMENT, WITH RESPECT TO THE SERVICE, THE PLATFORM, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.The Website Parties are not responsible for any health problems that may result from training programs, exercises, drills (alone or with a partner), products, or events you learn about on the Platform and Service, or any action or inaction on your part as a result of information you have obtained from the Platform and Service. If you engage in any exercise or martial arts program you receive through the Platform and Service, you agree that you do so voluntarily at your own risk, and agree to release and discharge the The Website Parties, United Studios of Self Defense, Inc., and USSDFV from any and all claims or causes of action, known or unknown, arising out of your use of the exercise program or the Platform and Service.THE WEBSITE PARTIES MAKE NO WARRANTY (I) THAT THE PLATFORM OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THAT THE PLATFORM OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‐FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) REGARDING ANY RESULTS YOU MAY OBTAIN FROM THE USE OF THE PLATFORM OR SERVICE; AND (IV) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM OR SERVICE WILL MEET YOUR EXPECTATIONS. THE WEBSITE PARTIES DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PLATFORM OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.16. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE WEBSITE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE PLATFORM OR ANY WEBSITES OR SOFTWARE WITH WHICH THEY ARE LINKED, EVEN IF ANY OF THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE WEBSITE PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE WEBSITE PARTIES FOR THE PLATFORM AND SERVICES.
17. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.
18. Indemnity. You agree to indemnify, defend, and hold harmless The Website Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms and conditions of these Terms, or your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity. The Website will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
19. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Platform, to obtain certain premium Content through our Website and Services, or for other reasons. These Additional Terms will be posted on the relevant portions of our Website and Platform or on the portions of our Website and Platform that describe the specific promotions, Content, or activities. These Additional Terms are part of these Terms, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
20. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Service or any of our Platform (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Platform. You are free to download your User Content at any time to provide backup.
21. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and The Website as a result of these Terms or use of the Platform or the Service.
23. Choice of Law and Forum. These Terms and the relationship between you and The Website shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and The Website agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California.
24. Waiver and Severability of Terms. The failure of The Website to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
25. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. Storage of Data. User logs will be kept for a minimum of 2 years (e.g. event data). Automatic system logs will be kept for six months (e.g. when a user logs in). Email logs will be stored for four weeks. Data beyond these time periods may be permanently purged.
27. Database Administration Ownership. Administrative rights to the database shall be granted to the owner of the business. Such rights can be delegated to or revoked from another administrator at the request of the business owner or at the time of set-up of the database. In the case of any conflict related to administrative rights, the business owner shall have all authority to add or remove administrative rights to any user. In the case where the business is owned in equal parts by two or more owners, authority shall be assigned to the managing director or other assigned decision maker according to the then current corporate papers. If the decision making authority for an equal parts ownership scenario is not clear, changes in database ownership will only be made with written authorization from a majority of participating business owners or other method in writing as established in the corporate papers.
28. Transfer of Rights at Sale. If title to the business is transferred, administrative rights to the database will be transferred upon either: 1) legal proof of sale documentation from the current or former owner or 2) a written release from the former owner requesting the transfer of administrative rights to the new owner.
29. Request for Documentation. The Website may, at The Website’s sole discretion, request documentation from the requestor or the current database owner prior to transferring administrative rights.
30. Credits. In the event of a request for credit or cancellation for a monthly renewing subscription agreement, The Website may provide credit for future services. The Website will not provide cash refunds. No credits will be provided for requests for cancellations.
31. Overburdening Resources. You may not overburden the Platform or Services. You may not place excessive burdens on The Website’s, or the providers of Third Party Services’, CPUs, servers or other resources or interfere with the services we provide to other customers. Excessing burden includes, but is not limited to, excessive bandwidth or data transfer.
32. Laws & Harmful Content. You may not use the Services to violate any local, state or federal law or regulation. In particular, you may not violate laws prohibiting: copyright, patent, trademark or trade secret infringement, misuse or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts; illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites or threatens violence; contains harassing content or hate speech; is defamatory or violates a person’s privacy; infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking; or, is likely to result in retaliation against The Website’s system, network or employees, including behavior that results in a server being the target of a denial of service attack.
33. Questions. If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org.© COPYRIGHT 2017-2022 United Studios of Self Defense Fountain Valley. ALL RIGHTS RESERVED.
Updated February16, 2022