Tae Kwon Do World Champion – The Taekwondo Video Game

Use of and access to the TKDGame.com website (owned and operated by IMC Digital Universe, Inc.) is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing and using TKDGame.com, you agree to each of the terms and conditions set forth herein (”Terms of Use”) and in our Privacy Policy (”Privacy Policy”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of TKDGame.com and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

TKDGame.com reserves the right to modify this Agreement at any time without prior notice. Your use of TKDGame.com following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is April 16, 2009.

1. Use of TKDGame.com

You may use the TKDGame.com website and the information, writings, images and/or other works that you see, hear or otherwise experience on TKDGame.com (singly or collectively, the “Content”) solely for your non-commercial, personal use. No right, title or interest in any Content is transferred to you, whether as a result of downloading, saving or printing such Content or otherwise. TKDGame.com and IMC Digital Universe, Inc. reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from TKDGame.com, except as expressly permitted by the Terms of Use.

2. Copyright

TKDGame.com and the Content are protected by U.S. and/or foreign copyright laws, and belong to IMC Digital Universe, Inc. or its partners, affiliates or designated third parties. The copyrights in the Content are owned by IMC Digital Universe, Inc. or other copyright owners who have authorized their use on TKDGame.com. You may download and reprint Content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way prices or other Content on TKDGame.com.

3. Trademarks

You are prohibited from using any of the trademarks or logos appearing on TKDGame.com without permission from the trademark owner, except as permitted by applicable law. The Tae Kwon Do World Champion name and symbol are registered trademarks of IMC Digital Universe, Inc.

4. Links to Third-Party Web Sites

Links appearing on TKDGame.com are provided solely as a convenience to you. If you use these links, you will leave TKDGame.com. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by IMC Digital Universe, Inc. of the third party, the third-party web site, or the information contained therein. IMC Digital Universe, Inc. is not responsible for the availability of any such web sites. IMC Digital Universe, Inc. is not responsible or liable for any such web site or the content thereon.

5. Linking to TKDGame.com

If you would like to link to TKDGame.com, you must follow TKDGame.com’s link guidelines. Unless specifically authorized by IMC Digital Universe, Inc., you may not create links to TKDGame.com that mirror or frame the home page of TKDGame.com or any other pages, or in any way mask the identity, logo or URL of TKDGame.com.

6. Downloading Files

IMC Digital Universe, Inc. cannot and does not guarantee or warrant that files available for downloading through the TKDGame.com will be available at all times or that they will install or work on your computer.

7. Disclaimer of Warranties

IMC DIGITAL UNIVERSE, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO TKDGAME.COM, THE PRICES OR THE CONTENT. IMC DIGITAL UNIVERSE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO TKDGAME.COM, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA TKDGAME.COM. IMC DIGITAL UNIVERSE, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY TKDGGAME.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES IN THE PRICES OR TKDGAME.COM OR WILL BE CORRECTED. IMC DIGITAL UNIVERSE, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. TKDGAME.COM, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

8. Limitation of Liability

IN NO EVENT WILL IMC DIGITAL UNIVERSE, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE TKDGAME.COM, THE PRICES, OR THE CONTENT, (II) ANY TRANSACTION OR CONTENT SUBMISSION CONDUCTED THROUGH OR FACILITATED BY TKDGAME.COM; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN TKDGame.com, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO TKDGAME.COM, THE PRICES, OR THE CONTENT, EVEN IF IMC DIGITAL UNIVERSE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH TKDGame.com, THE PRICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TKDGame.com.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, IMC DIGITAL UNIVERSE, INC.’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

9. Indemnification

You understand and agree that you are personally responsible for your behavior on and submissions to TKDGame.com. You agree to indemnify, defend and hold harmless IMC Digital Universe, Inc., its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use TKDGame.com, the Prices, or the Content, or any violation by you of this Agreement.

10. Privacy

Click here to read TKDGame.com’s Privacy Policy.

11. User Conduct

You agree to use TKDGame.com only for lawful purposes. You agree not to take any action that might compromise the security of TKDGame.com, render TKDGame.com inaccessible to others or otherwise cause damage to TKDGame.com or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use TKDGame.com in any manner that might interfere with the rights of third parties.

12. User Submitted Content Areas

You agree that any material, information, or data you transmit to us or post to TKDGame.com (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give IMC Digital Universe, Inc. the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, sublicense, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

We are not responsible for, nor do we endorse any material appearing in any forum or user generated content section (including comments, reviews, photos, videos and any other Content section) on TKDGame.com. We do not screen material that is posted or emailed by or to users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove posted materials that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit posted materials for any reason or no reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

You acknowledge and agree that we and our partners will maintain no responsibility whatsoever for an interaction that occurs between you and any other user or member of TKDGame.com or the online play section of Tae Kwon Do World Champion. As between us, our partners and you, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area or via a private message or e-mail exchange, any form of contact information with any user or member of our Sites.

You acknowledge and agree that we and our partners do not endorse the content of any of your email communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content in your email communications, or content in your email communications that infringes or may infringe the intellectual property or rights of another.

You acknowledge and agree that any financial transactions that occur between you and any other user or member of TKDGame.com are done so at your own risk. TKDGame.com does not have any knowledge of or review such transactions for legal, ethical or any other issue and explicitly disclaims any and all liability relating to the exchange of money between members.

13. Acceptable User Policy

You may not post on any section of our website or online game placy section, or send to any other user or our employee through any method, any material that:

• infringes or violates any copyright, trademark, service mark, patent, trade secret, confidentiality rights or other rights of any third party;
• is abusive, hateful, inflammatory, harmful, tortuous, or racially, ethnically or otherwise objectionable;
• is obscene, vulgar or pornographic;
• you do not have a right to transmit under any law or contractual or other obligation;
• is being used to harass, stalk or otherwise threaten a person;
• is libelous, defamatory or invades any privacy or publicity rights of any third party;
• impersonates any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity;
• contains or promotes violence, drug use, illegal gambling or other criminal activity;
• contains any virus, Trojan Horse or any other harmful or disabling software code;
• contains or promotes any materials or information which may violate any law, rule, regulation, ordinance or requirement to which you or we are subject.

Additionally, you may not:

• violate the posted rules & guidelines for a specific section of TKDGame.com;
• use this site if you are under the age of 13;
• use any discussion forum in a commercial manner;
• choose a user name with is obscene, unlawful or otherwise objectionable;
• post material that solicits funds, or that advertises or solicits goods or services;
• post or transmit material known to be false or misleading;
• Upload, post, email or otherwise transmit through the Services: unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” “surveys,” “polls,” or other forms of solicitation;
• Attempt to gain unauthorized access to other computer systems or networks connected to the Services;
• post or transmit any information, software or other material that contains a virus or other harmful component; or
• use the Sites to transmit any unsolicited messages to any recipient from whom you have not received prior demonstrable consent or in a manner that violates any law or obligation regarding the transmission of email messages.

Violation of this acceptable user policy may result in warning, account suspension, account deletion or any other action deemed necessary by IMC Digital Universe, Inc.

14. Password Security

If you register to become a TKDGame.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

15. Claims of Copyright Infringement

We respect the intellectual property rights of others, and require that the people who use TKDGame.com do the same. In appropriate circumstances, we will terminate the registration of any forum user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights. If you believe that any Content shown on or transmitted through TKDGame.com violates these Terms or your copyright you can report such violation by e-mailing copyright@imcuniverse.com. In the case of a copyright violation please provide the following information, at a minimum:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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
6. 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.

You may also report a copyright violation by providing the above information to IMC Digital Universe, Inc.’s agent listed below, who is registered as our designated agent with the Copyright Office pursuant to Title 17, United States Code, Section 512(c)(2):

Muhammad Chishti
IMC Digital Universe, Inc.
1945 Camino Vida Roble Ste A
Carlsbad, CA 92008
Phone: 888-545-6220 x204
Fax: (760) 918-2462

16. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by IMC Digital Universe, Inc. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Prices and Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. IMC Digital Universe, Inc. therefore reserves the right to correct any errors, inaccuracies or omissions and to change, update or remove the Content at any time without prior notice. IMC Digital Universe, Inc. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Diego, California if seeking interim or preliminary relief or enforcement of an arbitration award. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, IMC Digital Universe, Inc.’s Privacy Policy, your use of TKDGame.com, any other IMC Digital Universe, Inc. web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.