Terms of Service

Effective Starting: July 25th, 2019

All users are subject to the following terms and conditions of use. By accessing or using this website, you agree that you have read, understood, and agree to be bound by these Terms of Use. We’ve tried to write this document as plainly as possible but some legalese is unfortunately necessary.

Use of this Website

You agree to use this website only for lawful purposes related to your pursuit of the activities and programming supported by your club. You agree that you will NOT use it to:

  • Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable according to the community standards of your club.
  • Violate the legal rights of others (including their right to privacy), or violate the laws of any jurisdiction.
  • Impersonate any person or entity, including, but not limited to, a BadukClub administrator, or misrepresent your affiliation with a person or entity.
  • Upload or otherwise transmit data that you do not have the legal right to upload or transmit, that violates any patent, trademark, trade secret, or copyright, or that contains a virus or deliberately corrupted data. You acknowledge that you have full rights to transmit the data that you upload or post, and you accept full responsibility for its legality, reliability and appropriateness.
  • Collect information about others (including contact information and email addresses) without their consent.
  • Upload, store, maintain, forward or display adult content, including documents and images of a lewd or lascivious nature. This website and the messages, documents, and images it contains may be viewed by children, so all users share responsibility for ensuring that content is appropriate.
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website or the BadukClub platform, or which, as determined by BadukClub, may harm BadukClub or users of the website, or expose them to liability.

The administrators of BadukClub reserve the right to remove any information or material from the website, without explanation, which we determine at our sole discretion, to be incompatible with the above restrictions, including anything that we believe, through our own research or notification by others, may constitute a copyright infringement.

However, these actions will be performed on a best-effort basis. The administrators of BadukClub cannot review all material that is posted to the website, nor guarantee that objectionable material is immediately removed. Therefore, BadukClub does not assume liability for any action or inaction regarding such material uploaded to the website, or indeed, for the content itself.

If you believe that your intellectual property is being violated by something on this website, please notify BadukClub immediately with sufficient documentation to allow us to identify the infringing material and its location, as well as your claim and authority to file this notification, and your contact information.

Your Account

If you are a registered user of this website, you will create a username and password which are used to log into your account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your account. If you are accessing this website from a shared computer (such as in a public library), you must be careful to log out of the account and close the browser before leaving the workstation. If you suspect that your account has been compromised in any way, you must notify BadukClub immediately. BadukClub will not be liable for any loss or damage arising from your failure to comply with the provisions in this section.

Privacy and Protection of Personal Information

BadukClub's collection, storage and use of your personal information is described in the Privacy Policy, which is incorporated by reference into this document.

Club Information posted on the Website

Meetups and events are organized and sponsored by your club and/or a parent club or other chapter of the parent club. Some information on this website regarding events may be provided by the event sponsor or organizer. BadukClub has not verified or certified the accuracy or completeness of this information, and will not be liable for any errors or omissions. You also agree to hold BadukClub and its agents harmless from any liability or injury arising from or related to your participation in such events.

In using the website, you may elect to display personal information to other members or to see personal information provided by other members. You agree that your use of this information will be governed by the Privacy Policy referenced above.

Copyright restrictions & Use of Content

You are authorized to use this information as a user of the website. You may not use this information to create competing or derivative works, nor may you distribute it to others as if it were your own. You are not permitted to reproduce, sell or use this information for any commercial purposes without BadukClub's written permission. You are also not permitted to resell or otherwise distribute the products and services provided by BadukClub without BadukClub's written permission.

Trademarks

Other product or service marks contained herein are used for identification purposes only and may be registered trademarks or trademarks of their respective owners.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY BADUKCLUB ON AN "AS IS" AND "AS AVAILABLE" BASIS. BADUKCLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE, WHICH HAVE NOT BEEN INDEPENDENTLY REVIEWED FOR ACCURACY, COMPLETENESS OR SAFETY.

IF YOU RELY ON ADVICE OR INFORMATION PROVIDED ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU ARE DOING SO ENTIRELY AT YOUR OWN RISK. BADUKCLUB EXPLICITLY DISCLAIM ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE THEREOF.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BADUKCLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BADUKCLUB DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL OR MESSAGES SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT YOUR ACCESS TO THIS WEBSITE AND ITS SERVERS WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

BADUKCLUB WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, OR OTHER ERRORS OR OMISSIONS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disputes

With the possible exception of a violation or threatened violation of BadukClub's intellectual property rights, any dispute related to your use of this website shall be submitted to binding arbitration in Ohio in accordance with the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. At BadukClub’s sole discretion, intellectual property disputes may be handled through the appropriate state or federal court in the state of Ohio, and you consent to the exclusive jurisdiction and venue in such courts.

As outlined in the Privacy Policy referenced above, you also have rights under international data protection regulations, including the right to be deleted from our database, the right to object to processing, and the right to complain to a local Data Processing Authority.

Indemnification

You agree to indemnify and hold harmless BadukClub and our respective officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors and others involved in the development or maintenance of this website, or the delivery of products or services through the website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of this website, or of any products, services or information obtained from this website.

Comments and Subbmissions

BadukClub welcomes your ideas for improving this website or for adding new features that would benefit club members and visitors. However, please understand that we may already be working on similar features or talking to other vendors who offer this capability.

If you have a business proposition for us, please contact us directly rather than submitting it through this website. Any comments, ideas, suggestions, or feedback that you submit to BadukClub cannot be treated as confidential or proprietary and can be used or disclosed by either organization as it sees fit. The submission of such information does not limit or prevent the purchase or use of similar products, services or ideas from any other party or vendor.

Termination

The administrators of BadukClub also reserve the right to terminate access to this website and refuse service to users who violate these Terms of Use or who we reasonably believe are not intending to use the platform for its intended purpose, and to pursue legal remedies against persistent or serious offenders.

Miscellaneous Provisions

The use and operation of this website shall be governed by the laws of the State of Ohio without regard to conflict of law provisions. If you sign up for membership, register for an event, make a donation, or purchase products and services through this website from another country, you do so in accordance with US law.

If a court should hold any provision of this Agreement invalid or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions shall remain in full force and effect.

BadukClub may modify these Terms of Use at any time without notice by posting this amended and dated document to the website. You should check back periodically to see if anything has changed. Your continued use of the website indicates your acceptance of the revised Terms of Use.

If you have any questions, comments, or concerns about this Terms Of Use, please contact us at: terms@baduk.club