Terms & Conditions
You must read and agree to the new Terms & Conditions in order to proceed.
Welcome to ShifuYangDong.thinkific.com’s website (“shifuyangdong.thinkific.com”), which is part of Jilin Dragon Limited.
ShifuYangDong.thinkific.com’s website (hereinafter referred to as the “Website” or/and “ShifuYangDong”) is designed to provide you with high quality videos of Kung Fu, Nunchaku for Beginners instructions, and information about Kung Fu and philosophy. This Website is not for use by persons under eighteen (18) years of age.
The Website is owned by Jilin Dragon Limited. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by ShifuYangDong. Please note that the applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between ShifuYangDong and such social networking site, mobile or tablet device, or internet television or other technology platform.
PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.
1. Limited End User License
ShifuYangDong grants you a non-exclusive, non-transferable, limited right to access, use and display the online products (the “Program”) you license, provided that you comply fully with this Agreement. The Program is only for your personal, non-commercial use. Each license is for use by one individual. Each additional user requires a separate license.
You may not share, give or sell your password or username to any other person or company.
2. Age restriction
ShifuYangDong’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to ShifuYangDong you are representing that you are eighteen (18) years of age or older.
You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Program in accordance with this Agreement. If you are under the age of eighteen, you may use this website only with the consent of your legal guardian or educational authority.
3. Copyrights and Trademarks
All materials on the Website, including but not limited to text, images, code, software, audio, video clips, design, compilation, “look and feel” of the Website, all Programs, and other material and fee-based services (collectively, the “Materials”) are owned or controlled by ShifuYangDong or its licensors, which retains all right, title, and interest in and to the Materials. The Website and Materials are protected by the copyright and trademark laws of Ireland and other countries, international conventions, and other applicable laws.
You may not download, display, record, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without the express written permission of ShifuYangDong.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
Other than connecting to ShifuYangDong’s servers by http requests using a Web browser, you may not attempt to gain access by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that ShifuYangDong has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website.
4. Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Website at your own risk. The Website, including but not limited to the content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof, is provided AS IS, without warranties of any kind, either expressed or implied, including, but not limited to, any reliability, accuracy, merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement, or any other warranty, guarantee, condition or representation whether oral, in writing, or in electronic form, including but not limited to accuracy or completeness of any information contained therein or provided by the Website. To the fullest extent permissible by law, ShifuYangDong, its affiliates and licensors make no warranties and shall not be liable for the use of this site under any circumstances, including but not limited to negligence by ShifuYangDong. ShifuYangDong does not warrant that the functions contained in the site or the services, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, that the site or fee-based services will meet any particular criteria of performance or quality, or that the site, including forums or the server(s) on which the site is operated, are free of viruses or other harmful components.
You assume full responsibility and risk of loss resulting from your downloading, accessing or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Website. Under no circumstances shall ShifuYangDong, its affiliates and licensors, or any provider of telecommunications or network services for ShifuYangDong or the affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site or fee-based services, even if ShifuYangDong, its affiliates, licensors, or their providers of telecommunications or network services has been advised of the possibility of such damages. The total liability of ShifuYangDong, its affiliates and licensors hereunder is limited to the amount, if any, actually paid by you for access and use of the fee-based services. You hereby agree to release ShifuYangDong, its affiliates and licensors, and each of their respective directors, officers, representatives, volunteers and agents from claims and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
5. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
6. Indemnity
You agree to defend, indemnify and hold harmless ShifuYangDong, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyers’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website.
7. Medication Information Disclaimer
All Programs, Products, or Services offered by ShifuYangDong, are not substitutes for medical care and offer no guarantees of any kind. The information on the Website (or as otherwise provided by ShifuYangDong) is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to starting any yoga program or making changes to your diet. In addition to all other limitations and disclaimers in this agreement, ShifuYangDong and its licensors disclaim any liability or loss in connection with the content provided on the Website.
8. Single User
Each assigned user name for ShifuYangDong’s online service is to be used solely by the individual to which it was issued.
9. Payment
You agree to pay, using the credit information you provided us, the charges incurred on your account in order to access any fee-based services to which you have purchased.
10. Termination
ShifuYangDong reserves the right to restrict, suspend or terminate your access to its services, fee-based or otherwise, in whole or in part, with respect to any breach or suspended breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time under the terms of your license. ShifuYangDong reserves the right to refuse to provide services to you in the future.
11. Refund/Cancellation Policy
Subscriptions to online training maybe cancelled at anytime. If a cancellation is made, the subscription will be terminated at the end of the newest billing cycle. There is no refund on bought courses.
12. Attendence
Whether you login to live classes you are still responsible for payment, there is no refund for missed sessions.
13. Modification of the Website and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
14. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShifuYangDong without restriction.
15. Integration Clause
This Agreement together with the Privacy Policy and any other legal notices published by ShifuYangDong on the Website, shall constitute the entire agreement between you and ShifuYangDong concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and ShifuYangDong e with respect to the Website and Service.
16. Waiver and Severability of Terms
The failure of ShifuYangDong to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
17. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. Governing Law and Venue
This Agreement shall be governed by the laws of the Republic of Ireland, without respect to its conflict of laws principles. Any claim or dispute between you and ShifuYangDong that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Republic of Ireland.
You agree that: (a) the Website shall be deemed solely based in Republic of Ireland; and (b) the ShifuYangDong Website shall be deemed a passive website that does not give rise to personal jurisdiction over ShifuYangDong, either specific or general, in jurisdictions other than Republic of Ireland.
19. Other Sites
Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. ShifuYangDong does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third-party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply ShifuYangDong’s endorsement of such third-party website. If you decide to access any such linked website, you do so at your own risk.
20. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of Ireland or the country in which you reside.
21. Privacy Policy
ShifuYangDong respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in ShifuYangDong’s Privacy Policy. A complete statement of the current privacy policy can be found in ShifuYangDong’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
22. Infringement Policy
ShifuYangDong reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of ShifuYangDong or of a third party, or otherwise violated any intellectual property laws or regulations. ShifuYangDong’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ShifuYangDong to delete, edit, or disable the material in question, you must provide ShifuYangDong with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 ShifuYangDong to locate the material; (d) information reasonably sufficient to permit ShifuYangDong to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ShifuYangDong by e-mail with a return receipt acknowledgement.
23. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, the conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and agree to abide by and comply with this Agreement.
24. General
ShifuYangDong reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
25. Questions
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail.