Acceptance of Terms
Welcome to the K-Power® website. PKP International Ltd, trading as K-Power® Global Health and Fitness (Hereinafter called K-Power®) provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by clicking the link in the footer of the K-Power® website. In addition, when using particular K-Power® services, you shall be subject to any posted guidelines applicable to such services. All such guidelines are hereby incorporated by reference into the TOS.By using this website and/or completing the registration process (and/or logging in as a K-Power® Instructor) and checking the ‘I accept’ button, you agree to be bound by these TOS, so please read them carefully.
Description of service
K-Power® currently provides users with access to a collection of on-line resources, which may include online forums, eCommerce services, personalized content and K-Power® promotional and workshop material through its online properties (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new K-Power® workshops or properties, shall be subject to the TOS. You understand and agree that the Service is provided ‘as-is’ and that K-Power® assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.In order to use the Service, you must have appropriate access to the World Wide Web, using one of K-Power®’s supported Web Browser tools.
Your registration obligations
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (your ‘Personal Info’) and (b) keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or K-Power® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, K-Power® has the right to suspend or terminate your account and refuse any and all current or future use of the Service. K-Power® is concerned about the safety and privacy of all its users, particularly children. For this reason, only a K-Power® Instructor may download K-Power® Instructor resources. Please be aware that K-Power® workshops contain anatomical diagrams and photos that in some cultures may be regarded as adult or mature content. You must be at least 18 years of age to access and view such workshops. K-Power® respects the intellectual property of others, and we request our users to do the same.K-Power® privacy policy
Pursuant to K-Power®’s privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data (‘Personal Info’) or related data, provided that, such information will not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the TOS.Password and security
If you are registering on the K-Power® website as an Instructor, you will have nominated a Password as part of the Service’s registration process. You are responsible for maintaining the confidentiality of the password and/or account, and are fully responsible for all activities that occur under your password or account.You agree to:
- immediately notify K-Power® of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session by ‘Logging Out’. K-Power® cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
Instructor conduct
You understand that all information, data, text, workshop manual, music, sound, photographs, graphics, video, messages or other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not K-Power®, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. K-Power® does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, it is possible that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will K-Power® be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a K-Power® official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or intentionally or unintentionally violate any applicable local, state, national or international law;
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (‘Rights’) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation.
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- ‘stalk’ or otherwise harass another; or
- collect or store personal data about other users.
Special admonitions for international use
Recognizing 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 New Zealand or the country in which you reside.Content submitted to K-Power®
By submitting Content to any K-Power® property, you automatically grant, or warrant that the owner of such Content has expressly granted, K-Power® the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that K-Power® does not pre-screen Content, but that K-Power® and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, K-Power® and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by K-Power® or submitted to K-Power®, including without limitation information in K-Power® Message Boards, K-Power® Forums, and in all other parts of the Service.Indemnity
You agree to indemnify and hold K-Power®, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.General practices regarding use and storage
You acknowledge that K-Power® may establish general practices and limits concerning use of the Service.Modifications to service
K-Power® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that K-Power® shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.Termination
You agree that K-Power®, in its sole discretion, may terminate your use of the Service. Further, you agree that K-Power® shall not be liable to you or any third-party for any termination of your access to the Service.Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because K-Power® has no control over such sites and resources, you acknowledge and agree that K-Power® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that K-Power® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.K-Power®’s proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content and Workshop Manuals contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by K-Power® you agree not to modify, rent, lease, loan, sell, reproduce, duplicate, distribute or create derivative works based on the Service, Content and/or Workshop Manuals in whole or in part.The position of Trademarks is: K-Power®, the K-Power® logo, the PKP fingermodes, the PKP logo, the ICPKP wheel charts, the ICPKP 5-Element Charts, the ICPKP Database and other K-Power® and ICPKP logos and products and service names are trademarks of PKP International Ltd. (the ‘K-Power® Marks’). Without K-Power®’s prior permission, you agree not to display or use in any manner, the K-Power® Marks.
Disclaimer of warranties
You expressly understand and agree that:- Your use of the service is at your sole risk. The service is provided on an ‘as-is’ and ‘as available’ basis. K-Power® expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non infringement.
- K-Power® makes no warranties that:
- The Service will meet your requirements,
- The Service will be uninterrupted, timely, secure or error-free,
- The results that may be obtained from the use of the Service will be accurate or reliable,
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Workshop Manuals or Service will be corrected.
- Any material downloaded, on CD, or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or the loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from K-Power® or through or from the Service shall create any warranty not expressly stated in the TOS.
Limitation of liability
You expressly understand and agree that K-Power® shall not be liable for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if K-Power® has been advised of the possibility of such damages), resulting from:- The use or the inability to use the Service;
- The cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the service;
- Unauthorised access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service; or
- Any other matter relating to the service.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations of sections 15 and 16 may not apply to you.Notice
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.Jurisdiction
The TOS constitute the entire agreement between you and K-Power® and governing your use of the Service, superseding any prior agreements between you and K-Power®. The TOS and the relationship between you and K-Power® shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and K-Power® agree to submit to the personal and exclusive jurisdiction of the courts located within Auckland, New Zealand. The failure of K-Power® to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOS are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of the TOS to: abuse@icpkp.com.Copyright © 1999-2019 PKP International Ltd. All rights reserved.
