terms-of-service

Onmitsu Kage Terms of Use

Overview:

Welcome to Onmitsu Kage! We are a subscription service that provides our members with access to Bujinkan based Martial Arts videos, as taught by Kacem Zoughari, Ph.D. streamed over the Internet to computers, tablets, cell phones, certain Internet-connected TV's, and other devices (“Internet ready devices").

These Terms of Use govern your use of our service. As used in these Terms of Use, "Onmitsu Kage service," “Onmitsu Kage Streaming service”, "our service" or "the service" means the service provided by Onmitsu Kage for watching martial arts and related videos, including all features and functionalities, website, social media, and user interfaces, as well as all content and software associated with our service.

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use, you need to be logged in to your account through our website.

1. Acceptance of Terms of Use

a. These Terms of Use govern your use of the Onmitsu Kage service. By using, visiting, or browsing the Onmitsu Kage service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Onmitsu Kage service.

b. The Onmitsu Kage service is solely provided by Onmitsu Kage, LLC.

2. Changes to Terms of Use

Onmitsu Kage may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to email you of any changes to the Terms of Use, if any.

3. Privacy

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

4. Communication Preferences

By using the Onmitsu Kage service, you consent to receiving electronic communications from Onmitsu Kage relating to your account. These communications may involve sending emails to your email address provided during registration, and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Onmitsu Kage Streaming . You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

5. Membership, Billing, Free Trial and Cancellation

a. Membership

i. Ongoing Membership. Your Onmitsu Kage membership, will continue according to your membership plan unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Onmitsu Kage service. We will bill the membership fee to your Payment Method. You must cancel your membership before it renews or at the end of the membership in order to avoid billing of the next membership fees to your Payment Method.

ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Onmitsu Kage by visiting our website and clicking on the "Payments" link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

b. Billing

i. Recurring Billing. By starting your Onmitsu Kage Streaming membership and providing or designating a Payment Method, you authorize us to charge you the membership fee at the then current rate, and any other charges you may incur in connection with your use of the Onmitsu Kage Streaming service to your Payment Method. You acknowledge that the amount billed may vary for reasons that may include differing amounts due to or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.

ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

iii. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and thereafter unless and until you cancel your membership. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may change due to changes in your Membership. Visit our website and go to the "Payments" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

v. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Payments" link, available at the top of the pages of the Onmitsu Kage website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

vi. Cancellation. You may cancel your Onmitsu Kage Streaming membership at any time, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MEMBERSHIP PERIODS. To cancel, go to the "Payment" page on our website and click on cancel. If you cancel your membership, your account will automatically close immediately If you signed up for Onmitsu Kage Streaming using your account with a third party as a Payment Method, and wish to cancel your Onmitsu Kage Streaming membership at any time you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Onmitsu Kage Streaming service through that third party. You may also find billing information about your Onmitsu Kage Streaming membership by visiting your account with the applicable third party.

c. Free Trial

i. Your Onmitsu Kage subscription, including a one week free trial offer, will begin during the subscription/registration process. We will give you an extra free week on your first month before being re-billed. To cancel, click on “payments” on your account page and click “cancel” under active subscription. No refunds or credits for partial week/months. If you are enjoying Onmitsu Kage, do nothing and your subscription will automatically continue at the monthly subscription rate. This one week free trial offer is available to new and certain former members of the Onmitsu Kage service and cannot be combined with any other offer.

6. Onmitsu Kage Streaming Service

a. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Onmitsu Kage Streaming service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

b. The Onmitsu Kage Streaming service, and any content viewed through our service, are for your personal and non-commercial use only. During your Onmitsu Kage Streaming membership, we grant you a limited, non-exclusive, non-transferable, license to access the Onmitsu Kage Streaming service and view videos through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

c. We continually update the Onmitsu Kage Streaming service, including the Program page. In addition, we continually test various aspects of our service, including our website, user interfaces, Membership levels, plans, promotional features, availability of videos and seminars, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

d. You agree to use the Onmitsu Kage Streaming service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Onmitsu Kage Streaming service without express written permission from the Onmitsu Kage Streaming and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Onmitsu Kage Streaming service; use any robot, spider, scraper or other automated means to access the Onmitsu Kage Streaming service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Onmitsu Kage Streaming service; insert any code or product or manipulate the content of the Onmitsu Kage Streaming service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Onmitsu Kage Streaming service, including any software viruses or any other computer code, files or programs.

e. The availability of videos and seminars to watch will change from time to time, and from subscription to subscription. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Display quality may vary from video to video, and depends on the video or seminar footage provided to Onmitsu Kage Streaming. HD availability is subject to your Internet service and device capabilities. Not all content is available in HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Onmitsu Kage Streaming makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a video or seminar will vary based on a number of factors, including your location, available bandwidth at the time, the video or seminar you have selected and the configuration of your Onmitsu Kage Streaming ready device.

f. Onmitsu Kage Streaming software is developed by Uscreen and is used to enable streaming of content from Onmitsu Kage Streaming through internet ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF SERVICE AND PRIVACY POLICY AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATEDs VERSIONS OF THE ONMITSU KAGE STREAMING AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Onmitsu Kage Streaming service. If your Internet ready device is sold, lost or stolen, please cancel your Onmitsu Kage Streaming service by logging to the Payments page on the Onmitsu Kage website and canceling your payment. You can later renew your membership. If you fail to log out or cancel your account subsequent users may access the Onmitsu Kage Streaming service through your account and may be able to access certain of your account information.

g. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

7. Passwords & Account Access

a. The member who created the Onmitsu Kage Streaming account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Onmitsu Kage Streaming account. The Account Owner's control is exercised through use of the Account Owner's email and password and therefore to maintain exclusive control, the Account Owner should not reveal the email and password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Onmitsu Kage Streaming Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

b. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Onmitsu Kage Streaming website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Onmitsu Kage Streaming reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Onmitsu Kage Streaming is not obligated to credit or discount a membership for holds placed on the account by either a representative of Onmitsu Kage Streaming or by the automated processes of Onmitsu Kage Streaming.

8. Disclaimers of Warranties and Limitations on Liability

a. THE ONMITSU KAGE STREAMING SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ONMITSU KAGE STREAMING SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ONMITSU KAGE STREAMING DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ONMITSU KAGE STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ONMITSU KAGE STREAMING SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, ONMITSU KAGE STREAMING READY DEVICES, AND USCREEN SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ONMITSU KAGE STREAMING, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

d. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

9. Use of Information Submitted. Onmitsu Kage Streaming is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Onmitsu Kage Streaming service, including the Onmitsu Kage Streaming website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Onmitsu Kage Streaming service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Onmitsu Kage Streaming does not accept unsolicited materials or ideas for videos , and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Onmitsu Kage Streaming. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Onmitsu Kage Streaming and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

10. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: January 25, 2016