Muay Thai Planet Terms and Conditions
Muay Thai Planet Terms and Conditions Applying to All Sales
All sales by Zuptoo, LLC (the "Company") are expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in the purchase order of purchaser or in any similar communication are hereby objected to by the Company and shall not be binding nor effective unless assented to in writing by an authorized representative of the Company.
Price and Terms: Unless otherwise stated, all orders will be invoiced at the Company's prices in effect on the date of shipment, which purchaser agrees to pay. Prices do not include sales, use, excise, value added or similar taxes.
Payment terms are as set forth on the invoice. All prompt pay discounts must be taken within the time period specified on the invoice. All unearned discounts will be rebilled. Credit shall be subject to the Company's approval. The Company reserves the right to alter the terms of or fix a limit of credit. Purchaser shall be liable for all costs and fees, including reasonable attorneys fees, which the Company incurs in order to collect on any overdue account.
Minimum Order: The value of any order must be at least $0.50 USD
Delivery: Title to and risk of loss of all goods sold hereunder shall pass to purchaser upon their delivery, F.O.B. Jenkintown, PA. Purchaser to be billed all freight costs and expenses.
Inspection: If upon receipt of the goods by purchaser the same shall appear not to conform to the purchase order, purchaser shall within forty-eight (48) hours after receipt thereof notify the Company of such condition and afford the Company a reasonable opportunity to inspect the goods and make any appropriate adjustment or replacement. The remedies afforded purchaser under the paragraph entitled "WARRANTY" shall be the exclusive remedies for the defective goods whether or not discovered upon inspection by purchaser. Purchaser shall not delay payment for the goods pending their inspection.
Warranty: The Company warrants that any product sold by Zuptoo, LLC (the "Product") will perform in accordance with its specifications. The Company agrees to correct or replace any defects or errors in the Product for a period of thirty (30) days from the initial date of retail purchase from the authorized Zuptoo, LLC website. In the event of Product exchange without manufacturer defect, all shipping costs incurred in shipping Product to the Company for exchange will be borne by the purchaser.
The Company's sole liability and the exclusive remedy shall be, at the Company's option, the replacement of the Product. The Company makes no additional representations or warranties, express or implied, regarding the Product and/or its use. By way of example, but not of limitation, the Company makes no representations or warranties of merchantability or fitness for a particular purpose.
THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCT.
Purchaser assumes the responsibility for the selection of the Product as being adequate for and appropriate for purchaser's purposes.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Muay Thai, kickboxing, boxing, and MMA are contact sports, which carry with their practice the inherent risk of injury to self and others. Individuals who use the equipment purchased at Muay Thai Planet are subject to injury; Though protective garments and products add a degree of protection, nothing on this site is warranted to protect the user from injury inflicted upon self or others. Always wear a mouthguard when partaking in athletic endeavors. Striking an inanimate object or individual improperly may cause injury. It is suggested that you do not attempt to strike an object or individual without proper training and protection. The Company assumes no responsibility for injuries that occur due to the use or misuse of the Product.
The foregoing warranty extends to all purchasers or owners of the Product during the warranty period. The warranty does not extend to defects to (i) the Product resulting from abnormal use of the Product or use in any manner other than as specified in the Product's operating manual, (ii) components or parts warrantied by another party, or (iii) batteries supplied or parts which are subject to normal wear and tear, including, but not limited to, cables, cable connectors, switches, ear pads and headband cushions.
Returns: Except as set forth in the following paragraph, Product may be returned only upon issuance of a return authorization by the Company (a "Return Authorization"). Unless otherwise stated, in the event of non-defective Product, any return will be for cash refund, store credit or inventory adjustment only. The Return Authorization must appear with all packages and paperwork in connection with such return. Product must be in new, saleable condition and must have been purchased within thirty (30) days of the date of return. Issuance of a Return Authorization does not bind the Company to accept such return. Final decision shall be made after the Company has inspected the returned Product.
Repairs: Product that has been used may not be returned to the Company for repair.
Governing Law: All disputes will be governed under the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws principles.
Muay Thai Planet Terms and Conditions Applying to Community, Resources, Contact, and Blog
1. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Muay Thai Planet Community, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
2. Registration Information/Privacy Policy
When you register for the Muay Thai Planet Community, you will be required to provide Muay Thai Planet with basic information: your name, e-mail address, member name and password, etc. In addition, you may choose to provide the Muay Thai Planet Community with additional information.
Any information provided by you or gathered by Muay Thai Planet or third parties during any visit to the Muay Thai Planet Community shall be subject to the terms of Muay Thai Planet's Privacy Policy.
Muay Thai Planet reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal Muay Thai Planet content, if Muay Thai Planet learns that you represented yourself in a way that is distasteful or offensive.
3. Termination
Muay Thai Planet reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the Muay Thai Planet Community and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Muay Thai Planet, including any personal content, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Muay Thai Planet may modify these Terms of Service from time to time in its sole discretion. Each time you access the Muay Thai Planet Community, you will be deemed to have accepted any such changes. Muay Thai Planet shall have no obligation to notify you of any such changes other then posting such modifications on the Muay Thai Planet Community, but Muay Thai Planet reserves the right (at Muay Thai Planet's discretion) to provide you notice of such changes to any e-mail address you have provided to Muay Thai Planet, or post office address you have provided to Muay Thai Planet.
5. Modifications of the Muay Thai Planet Community
Muay Thai Planet may modify or discontinue the Muay Thai Planet Community, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the Muay Thai Planet Community
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the Muay Thai Planet Community, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your personal telephone number, street address or last name on any area of the Muay Thai Planet Community that is accessible to the general public nor provide such personally identifying information to people you do not know. Muay Thai Planet assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Muay Thai Planet Community. Muay Thai Planet further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use the Muay Thai Planet Community to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the Muay Thai Planet Community, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Muay Thai Planet in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Muay Thai Planet Community. Muay Thai Planet reserves the right to delete any such material from the Muay Thai Planet Community. Muay Thai Planet will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Muay Thai Planet. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the Muay Thai Planet Community to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, controlled substances, or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the Muay Thai Planet Community is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Muay Thai Planet Community, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Muay Thai Planet may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the Muay Thai Planet Community, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant Muay Thai Planet a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Muay Thai Planet Community retains any and all Rights that may exist in such content.
Muay Thai Planet is not obligated to review content posted by users prior to the content's posting to any area of the Muay Thai Planet Community, including any private profile. Content posted by any user to the Muay Thai Planet Community does not reflect the opinions or views of Muay Thai Planet, its parent (Zuptoo, LLC), subsidiaries or affiliates. Muay Thai Planet makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Muay Thai Planet members through any Muay Thai Planet service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE MUAY THAI PLANET COMMUNITY, YOU HEREBY EXPRESSLY PERMIT MUAY THAI PLANET TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY MUAY THAI PLANET'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use The Muay Thai Planet Community, its products, services, digital products, events, courses, social Community tools (as more fully described below) and any other element of the Muay Thai Planet Community are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Muay Thai Planet in writing. Illegal and/or unauthorized use of the Muay Thai Planet Community, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Muay Thai Planet Community is prohibited. In furtherance thereof, you agree that you will not use the Muay Thai Planet Community for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
You may never use another's account without permission. If you become aware of any misuse of the Muay Thai Planet Community by any person, please contact Muay Thai Planet.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the Muay Thai Planet Community. Muay Thai Planet reserves the right but shall have no obligation to monitor disputes between you and any other member of the Muay Thai Planet Community.
8. Intrastate Nature of Communications
When you register with the Muay Thai Planet Community and/or any service therein, you acknowledge that in using the Muay Thai Planet services to send electronic communications, you will be causing communications to be sent through Muay Thai Planet's computer network, portions of which are located in Pennsylvania and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Muay Thai Planet's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the Muay Thai Planet communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through the Muay Thai Planet Community from other persons not affiliated with Muay Thai Planet ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Muay Thai Planet makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Muay Thai Planet nor will Muay Thai Planet be construed as a party to such transactions, whether or not Muay Thai Planet may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Muay Thai Planet of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Muay Thai Planet Community infringe your copyright, you (or your agent) may send Muay Thai Planet a notice requesting that the material be removed or access to it blocked. The notice must include the following information (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 located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Muay Thai Planet to locate the material on the Muay Thai Planet Community; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Muay Thai Planet a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Zuptoo, LLC, 93 Old York Road, Suite 1-745, Jenkintown, PA 19046, info@muaythaiplanet.com. Muay Thai Planet suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF MUAY THAI PLANET, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH MUAY THAI PLANET, IS AT YOUR SOLE RISK. THE MUAY THAI PLANET COMMUNITY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUAY THAI PLANET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MUAY THAI PLANET MAKES NO WARRANTY THAT THE MUAY THAI PLANET COMMUNITY WILL MEET YOUR REQUIREMENTS, OR THAT THE MUAY THAI PLANET COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MUAY THAI PLANET MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MUAY THAI PLANET COMMUNITY. MUAY THAI PLANET WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF MUAY THAI PLANET COMMUNITY.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MUAY THAI PLANET COMMUNITY IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT MUAY THAI PLANET DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE MUAY THAI PLANET COMMUNITY. MUAY THAI PLANET IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MUAY THAI PLANET NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE MUAY THAI PLANET COMMUNITY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. MUAY THAI PLANET ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
MUAY THAI PLANET SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE MUAY THAI PLANET COMMUNITY, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE MUAY THAI PLANET COMMUNITY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUAY THAI PLANET OR THROUGH THE MUAY THAI PLANET COMMUNITY, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MUAY THAI PLANET IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE MUAY THAI PLANET. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH MUAY THAI PLANET MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST MUAY THAI PLANET WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, MUAY THAI PLANET MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. MUAY THAI PLANET SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON MUAY THAI PLANET, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY MUAY THAI PLANET AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE MUAY THAI PLANET, YOU WAIVE ANY CLAIMS AGAINST MUAY THAI PLANET FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of Liability
MUAY THAI PLANET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MUAY THAI PLANET COMMUNITY OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE MUAY THAI PLANET COMMUNITY OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF MUAY THAI PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
Muay Thai Planet and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Muay Thai Planet makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Muay Thai Planet nor such third party shall have any liability with respect thereto.15. Indemnification
You agree to indemnify and hold each of Muay Thai Planet, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Muay Thai Planet Community, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of laws provisions. By registering for or entering the Muay Thai Planet Community, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Pennsylvania.
17. Remedies for Breach of these Terms by You
In the event that Muay Thai Planet determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Muay Thai Planet Community, Muay Thai Planet reserves the right to (i) delete any or all content provided by you or your agent(s) to The Muay Thai Planet Community; (ii) discontinue your registration(s) with the Muay Thai Planet Community and/or any other Muay Thai Planet community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Muay Thai Planet Community; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Muay Thai Planet deems to be appropriate.
If your registration(s) with or ability to access the Muay Thai Planet Community, any other Muay Thai Planet web site and/or any other service, product, content, course, event, tool or digital product provided to you by Muay Thai Planet is discontinued by Muay Thai Planet due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Muay Thai Planet Community, then you agree that you shall not attempt to re-register with or access the Muay Thai Planet Community, any other Muay Thai Planet community and/or any other digital product, course content or service provided by Muay Thai Planet, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Muay Thai Planet reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
18. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Muay Thai Planet may assign its rights and obligations under these Terms of Service and upon such assignment Muay Thai Planet may be relieved of any further obligation hereunder.
You represent to Muay Thai Planet that you have the authority to register with or visit the Muay Thai Planet Community according to these Terms of Service. Muay Thai Planet does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the Muay Thai Planet Community and does not permit anyone under the age of 13 to become a member of the Muay Thai Planet Site.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Muay Thai Planet, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Muay Thai Planet reserves the right to terminate free access to the Muay Thai Planet Community including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Muay Thai Planet reserves the right (at Muay Thai Planet's discretion) to provide you with notice of such change by prominently posting a notice on the Muay Thai Planet Community and/or sending written notice to you at any e-mail and/or post office address you have provided to Muay Thai Planet. Once free access is terminated Muay Thai Planet may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Muay Thai Planet Community and/or any for-pay content, services, digital products, products, events, tools or products.