Terms of service.
These Terms of Services (these “Terms”) apply to our website (our “Site”) and services that may be provided by us from time to time (collectively, the “Services”). In addition to these Terms, your access to and use of the Services are governed by the Drilich Combat Academy Privacy Policy, which can be found at www.drilichcombatacademy.com/privacy-policy (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read these Terms and the Privacy Policy carefully. These Terms govern your use of the Services and constitute a binding agreement between you and DRILICH COMBAT ACADEMY PTY LTD (“Drilich Combat Academy,” “DCA,” “we” or “our” or “us”), and are deemed accepted by you and Drilich Combat Academy. Your access to or use of the Services indicates your acceptance to these Terms. By using the Services, you hereby warrant and represent that (i) you have read, understand, and agree to these Terms, and (ii) if you are acting on behalf of your employer or an entity, you have the authority to accept and agree to this Privacy Policy. PLEASE DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. DCA reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Site. You should visit this page periodically to review the most current Terms, because they are binding on you. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms.
What We Own and Our Rights to Use What We Own
All material and services available on the Site, and all material and services provided by or through DCA, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, newsletters, functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All DCA trademarks and service marks, logos, slogans and tag lines are the property of DCA. All other trademarks, service marks, logos, slogans and tag lines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or tag lines displayed on our Site without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Subject to these Terms, DCA hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of these Terms. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
Content You Provide to Us
DCA may offer community features, such as blogs or forums and the ability to submit comments, pictures, reviews, files on the Site as part of the Services. You must be over the age of 13 to participate in any such community features. In addition, DCA may allow you to submit information to DCA through e-mail via form submissions.
If you do post or provide User Content, you grant DCA a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media for any purpose in DCA’s sole discretion, without payment or compensation to you of any kind. You grant DCA the right to use the name that you submit in connection with such User Content, if we choose to use it. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or provide, (ii) that the User Content you post or provide is accurate, (iii) that use of the User Content you supply does not violate these Terms or applicable laws, rules or regulations and will not cause injury to any person or entity, and (iv) that you will indemnify DCA for all claims resulting from the User Content you supply.
Any User Content posted or provided will be considered public, and DCA will not be responsible for the actions of users with regards to any public information.
Monitoring What You Provide Us
DCA may, but has no obligation to monitor User Content on the Site. DCA, in its sole discretion, may refuse to post, remove, or require you to remove, any User Content, in whole or in part, at any time. We further reserve the right to withhold and or discard any User Content, with or without notice, if deemed by us to be contrary to these Terms. For avoidance of doubt, DCA has no obligation to store, maintain or provide you a copy of any User Content that you or other users provide when using the Services. DCA takes no responsibility and assumes no liability for any User Content.
Copyright Complaint Policy
If you are a copyright owner or a direct agent thereof and believe that any content include in the Services infringes upon your copyrights, you may submit a notification pursuant to the Copyright Act 1968 by sending through details of the infringement in writing to the following address:
Drilich Combat Academy
3/21 Delage St,
Joondalup, Wa, 6027
Australia
Email: info@drilichcombatacademy.com
Site rules
By accessing our site and its services you agree to each of the following:
· If you have provided us with your e-mail address for purposes of receiving our newsletter or otherwise, you will ensure the e-mail address is valid at all times.
· You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity.
· You will not use the Services or Materials to impersonate another person.
· You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by DCA without our express written permission.
· You may not send unsolicited messages (also known as junk mail or SPAM) to promote the Site.
· You will not offer any contest, sweepstakes, coupon or other promotion through the Site without our permission.
· You may not upload, post, e-mail, transmit or otherwise make available any User Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any DCA user to access the Services.
· You will not attempt to or override any security component included in or underlying the Materials or Services.
· You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Site’s infrastructure.
· You will not use the Services for commercial purposes.
· You will not post or provide User Content, or links to User Content:
o that is illegal, libellous, offensive, harmful, obscene, pornographic, threatening, or defamatory.
o that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
o that contains any virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information; or
o the use of which (a) violates or infringes upon any third-party rights of any kind, including but not limited to rights of privacy or publicity or patent, copyright, or other intellectual property rights, or (b) misappropriates third-party trade secrets; or
o that is SPAM, is machine- or randomly generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
DCA may determine in its sole discretion whether or not you are violation of any of these policies. Offending users may be permanently restricted from using the Services. DCA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law and may involve and cooperate with law enforcement authorities in doing so. You acknowledge that DCA has no obligation to monitor your access to or use of the Services, but has the right to do so for the purposes of operating the Services, ensuring your compliance with these Terms, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Third-Party Websites; Third-Party Services; No Implied Endorsement
The Site may contain links to other websites owned by third parties ("Third-Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. DCA is not responsible for any activity occurring within Third-Party Sites. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third-Party Sites, whether or not you were linked to or directed to a Third-Party Site through the Site. You acknowledge that Third-Party Sites may be subject to the applicable third-party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third-party website or third-party product or service be construed as an approval or endorsement by us of that third party, third-party website or of any product or service provided by a third party.
Disclaimer of warranty
The site, services and materials are provided “as is,” “as available,” “with all faults” and without any warranty of any kind, express or implied. To the fullest extent permissible under applicable law, DCA and its licensors disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither DCA nor its licensors warrant that access to the site, the materials and/or the services available on or through the site will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does DCA or its licensors make any representations about the accuracy, reliability, currentness, quality, completeness, usefulness, performance, security, legality or suitability of the services, the materials or the site. You expressly agree that your use of the site and your reliance upon the services and/or the materials is at your sole risk.
Further, DCA and its licensors make no representation or warranties that the services, the materials, or the site are appropriate or available for use in all geographic locations. If you use the site, the services, or the materials outside Australia, you are solely responsible for compliance with all applicable laws of all applicable jurisdictions. Neither DCA nor any third-party providers, partners or affiliates warrant that the site, its servers, the materials or the services or any e-mail sent from any third-party providers, partners or affiliates are free of viruses or other harmful components.
Limitation of liability
We are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the site, the services, the materials or any user content available on or through the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if DCA has been advised of the possibility of such damages. You hereby release DCA and hold DCA and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services, materials, site or any user content available on or through the site. You hereby waive the provisions of any state or local law limiting or prohibiting a general release.
Exclusive remedy
In the event of any problem with the site, the services, or the materials, you agree that your sole and exclusive remedy is to cease using the site, the services, and the materials.
Termination/Exclusion
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, for all or some of our users, for any reason, at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.
Indemnification
You agree to indemnify, hold harmless, and defend DCA and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services, the Site or the Materials, or (ii) your User Content. This includes, but is not limited to any breach or violation of these Terms by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defence and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
Amendments
We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the change. We encourage you to visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site. For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of these Terms.
Privacy
We encourage you to read our Privacy Policy and to use the information it contains to help you make informed decisions.
Third-Party Beneficiary
Squarespace, through which our site is hosted, is deemed a third-party beneficiary of these Terms and our Privacy Policy.
Miscellaneous
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Other than with respect to Squarespace as provided above, these Terms does not confer any third-party beneficiary rights.