Legal Notices

Seishin-Kan Legal Notices

We value the trust you place in the Seishin-Kan, and we want to help ensure that you understand the risks and responsibilities you undertake when using this site, the limitations on our liability and responsibility to you, and the means by which you can request correction of any errors you may find on this website.  Please take a few moments to read these Legal Notices, Terms of Use, and Disclaimers in their entirety, because you are bound by their terms and conditions when using this website. Afterward, if you have any questions, concerns, or comments, please e-mail us so that we can answer them for you.  Below are shortcuts to the major notifications of this Legal Notices page:

n Overview
n Terms of Use
n Disclaimers
n Copyrights, Trademarks, and Other Intellectual Property
n DCMA Notice

Overview

We realize that our visitors are either members of the Seishin-Kan or prospective members, so we care about the quality and security of your use of this website and strongly desire to maintain your trust. Despite the precautions we have taken it is possible that problems can arise as a result of your use of our website.  For instance, you may encounter broken links, incorrect information, content errors, links that have been redirected or misdirected to websites whose content you would find objectionable or possibly harmful, or viruses and other malware that could potentially harm your computer.

Just as there are practical limits to the steps we can take to minimize the possibilities of errors, omissions, and malicious actions by other visitors to the site, there are also practical limitations to our responsibility and liability for any inconvenience or harm you may experience as a result.

We believe that understanding both our precautions and the limitations of those precautions will help you to exercise sound judgment in the protection of your interests and property. Therefore, in this document we provide a description of the terms and conditions under which we are permitting your use of this website and our liability to you.  If you are unwilling to accept these terms and conditions, then you are not authorized or permitted to use this website and any further use is entirely at your own risk.  By using this website you are expressly agreeing to all the terms and conditions stated on this Legal Notices page and our Privacy Page.  If this is not acceptable to you, please exit this website now.

This Policy applies only to services provided and information collected on this Seishin-Kan website. It does not apply to the policies and practices of any other sites or vendors to which we link from this site, or whose services we may use in providing services to you.

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Terms of Use

Warranty DisclaimerThe information and materials on websites maintained by the Nippon Budō Seishin-Kan (“Seishin-Kan”) are provided "AS IS" and without warranties of any kind, either expressed or implied, including, but not limited to, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Seishin-Kan does not warrant that the functions contained in the websites will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. The Seishin-Kan does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not the Seishin-Kan) assume the entire cost of all necessary servicing, repair, or correction arising out of the use of the materials. Links to other sites can be accessed through this website. Websites accessed using those links contain information created, published, maintained or otherwise posted by people and organizations independent of the Seishin-Kan and over which the Seishin-Kan exercises no control or direction. Such links are provided as a convenience to users and their inclusion on this website does not endorse, approve, or certify any information, product, or service referenced or provided at such addresses.

Limitation of LiabilityWhile the Seishin-Kan uses reasonable efforts to include accurate and up-to-date information on its websites, errors or omissions may occur. The Seishin-Kan makes no warranties or representations as to the accuracy of this website. Under no circumstances including, but not limited to, negligence by act or omission, shall the Seishin-Kan or any party involved in creating, producing, maintaining, or delivering its websites be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if the Seishin-Kan or its authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Seishin-Kan's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to the Seishin-Kan for accessing its websites.

 The Seishin-Kan assumes no responsibility and shall not be liable for any damages to, or malicious software that may infect, your computer equipment or other property on account of your access to, use of, or browsing in its websites or your downloading of any materials, data, text, images, video, or audio from its websites.

Conditions of Use.  By using this site, you signify your agreement to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this site. The Seishin-Kan may at any time revise these terms and conditions by updating this posting without any other form of notice thereof. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.

Restrictions on Use of Materials.  This site is owned and operated by the Nippon Budō Seishin-Kan. Permission is granted to display and navigate around this website with a computer using HTML browser software, solely for personal, non-commercial use.  Any commercial or public use of this website or any portion hereof is strictly prohibited.

Except as otherwise expressly permitted in writing by the Seishin-Kan, no materials from seishin-kan.org, web-dojo.org, or any website owned, operated, licensed or controlled by the Seishin-Kan may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Web site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video, without the written permission of the Seishin-Kan. The Seishin-Kan neither warrants nor represents that your use of materials displayed on this website will not infringe on rights of third parties not owned by or affiliated with the Seishin-Kan.

Jurisdictional Issues.  This website is controlled and operated by the Nippon Budō Seishin-Kan from their offices within the State of Texas, United States of America. The Seishin-Kan makes no representation that materials on this or any website owned, operated, licensed or controlled by them are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

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Disclaimers

External Links.  This web site may contain links to, or be accessed through, links on World Wide Web sites of other institutions, individuals, or groups. The Nippon Budō Seishin-Kan is not responsible for the content, availability, operation, or performance of any other site to which this website may be linked or from which this website may be accessed.

Right Reserved to Change.  The right is reserved to change any of the policies and practices of the Seishin-Kan at any time, including those relating to membership, instruction, and ranking. The right to change, modify or remove website content, change the schedule or content of publicized events, and to impose or increase fees similarly is reserved. All such changes are effective at such times as these changes are posted on our website and may apply not only to website users, but also to those already enrolled as members of the Seishin-Kan.

Statement of Non-Discrimination.  The Seishin-Kan is committed to equal opportunity in website access, membership, and education. The Seishin-Kan admits members and permits access to its public website irrespective of race, sex, colour, age, disability, religion, national or ethnic origin. It does not discriminate on the basis of race, sex, color, national or ethnic origin, disability, religion, age or marital status in the administration of its educational policies, membership acceptance, training practices, and other events offered to the public. 

Persons accessing Seishin-Kan websites should be aware, however, that the Seishin-Kan may espouse political, religious, and philosophical views that are contrary to those held by specific individuals or certain religious or philosophical organizations or sects and political organizations.  While the Seishin-Kan will not discriminate against persons or organizations holding different opinions and views, we reserve the fundamental right to publicly and privately express disagreement with those persons or organizations. Inquiries or complaints should be addressed to:

Leonard J. Pellman, Kanchō
Nippon Budō Seishin-Kan
PO Box 8684
San Antonio, TX 78208-0684
Email:  kancho@seishin-kan.org

    Other Information about Online Privacy.  Seishin-Kan websites contain many hyperlinks to third party websites. In most cases, these links will open new browser windows. The Seishin-Kan is not responsible for the content of the websites these links follow nor is the Seishin-Kan responsible for the privacy practices of these websites. The Seishin-Kan does not share individual personal information you provide us with these third party websites to which the Seishin-Kan websites link. Please reference the privacy policies of these third party websites to determine their privacy practices.

    Whenever you voluntarily disclose personal information online – for example through e-mail, Web-based forms and applications, as well as many additional ways, the Seishin-Kan collects this information on its computing systems. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online.

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Copyrights, Trademarks and Other Intellectual Property

Trademarks/Service Marks and Copyrights.  Images displayed on this Web site are either the property of, or used with permission by, the Seishin-Kan. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

All trademarks, service marks, trade names, logos, and icons used by the Seishin-Kan are proprietary to the Seishin-Kan. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this website without the written permission of the Seishin-Kan or such third party that may own the trademarks or service marks displayed on this website. Your use of the trademarks or service marks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.

Inquiries concerning use of Seishin-Kan trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to:

Leonard J. Pellman, Kanchō
Nippon Budō Seishin-Kan
PO Box 8684
San Antonio, TX 78208-0684
Email:  kancho@seishin-kan.org

Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Seishin-Kan. Such communications or material shall be used for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, the Seishin-Kan is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever including, but not limited to, developing and marketing products using such information.

Copyright Notice.  Except as otherwise specifically indicated, all materials published on this site are the intellectual property of, and copyrighted by, the Nippon Budo Seishin-Kan and all rights appurtenant thereto are reserved.  No information or materials published on this website may be used, copied, displayed or published by others without the expressed written consent of the Seishin-Kan.  Any infringement of our copyright interests will be dealt with severely, as provided under “Trademark/Service Mark Notices” below.

Fair Use.  The Seishin-Kan is registered with the Internal Revenue Service of the United States of America as a 501(c)(3) educational and athletic organization.  As such, quotes, excerpts, and examples of materials copyrighted by others may be displayed on this website in conjunction with our educational presentations and discussions under the Fair Use Standard of United States copyright law.  In doing so, reasonable efforts are made to acknowledge and cite the sources of such materials and otherwise protect the intellectual property rights, copyright, or trademark rights of those whose material is presented.  Owners of intellectual property or trademarks displayed on this website who believe their materials have been published without appropriate citation, or with incorrect or incomplete citation, should address an enquiry as provided under DMCA Notice below so that rectification of the citation can be made.

Trademark/Service Mark Notices.  All trademarks, service marks, trade names and logos used by the Seishin-Kan are the property of the Nippon Budō Seishin-Kan.

We are extremely protective of our trademarks and service marks. All use of these marks must be with our prior written permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we would be entitled to collect your profits, our actual damages and perhaps also our attorney fees.  Furthermore, anyone contemplating the theft or misuse of Seishin-Kan trademarks or intellectual property should take into consideration that the members of the Seishin-Kan are martial arts experts who are highly trained and experienced in a wide variety of excruciatingly painful killing methods, many of which leave little or no forensic evidence. We thank you for your consideration and aquiescence.

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DCMA Notice

Reporting Copyright Infringements.  In accordance with the Digital Millennium Copyright Act (“DMCA”), the Seishin-Kan has designated an agent to receive notification of alleged copyright infringement occurring in the seishin-kan.org domain or any website owned, operated, licensed or controlled by the Seishin-Kan. If you believe that your copyrighted work is being infringed, notify our designated agent specified below:

[Please note, this agent is for reporting of copyright infringement and is not necessarily
the correct person to answer requests for copyright permission]

Leonard J. Pellman, Kanchō
Nippon Budō Seishin-Kan
PO Box 8684
San Antonio, TX 78208-0684
Email:  kancho@seishin-kan.org

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include, at a minimum, the following information:

n A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
n A description of the copyrighted work claimed to have been infringed;
n A description of the infringing material and information reasonably sufficient to permit the Seishin-Kan to locate the material on its website or other publications;
n Your contact information, including your address, telephone number, and email;
n A statement by you giving the reasons and/or legal basis upon which you base your belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
n A statement under the pains and penalties of perjury that the information in the notification is made in good faith, is true and accurate, and that you are authorized to act on behalf of the copyright owner.

 


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If this did not answer your questions or concerns about our Terms of Use, Disclaimers, or other Legal Notices, please be sure to email us and we will promptly address your concerns.

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