TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TAEKWONDO EVOLUTION SERVICE.
These Terms of Use ("ToU") set forth the terms and conditions applicable to your access to and use of the Taekwondo Evolution website (the "Site"). The ToU constitute a binding agreement between users of the Site such as you ("You" or "User" or "Member") and Taekwondo Evolution ("Taekwondo Evolution", "we", or "tkdevolution.art").
1. Application and acceptance of the terms
1.1 Your use of the Site and Taekwondo Evolution's services, software, and products (hereinafter collectively referred to as the "Services") is subject to the terms and conditions contained in this document, as well as the Privacy and Cookie Policy and any other rules and policies of the Site that Taekwondo Evolution may publish. Hereinafter, these ToU and such other rules and policies of the Site are collectively referred to as the "Terms". By accessing the Site or using the Services, you agree to accept and be bound by these Terms of Use. Please do not use the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services or accept the Terms if (a) you are not of legal age to enter into a binding agreement with Taekwondo Evolution, or (b) you are not authorized to receive Services under the laws of Argentina, or the country or region in which you reside or from which you use the Services.
1.3 Taekwondo Evolution may modify any of the Terms at any time by posting the relevant modification and the updated Terms on the Site. By continuing to use the Services or the Site, you agree that the modified Terms apply to you.
1.4 If you use the Services from Argentina, Spain, or any other Spanish-speaking country, you will be bound by the Spanish version of these ToU. If you use the Services from a non-Spanish-speaking country, you will be bound by the English version of these same ToU.
1.5 You may be required to sign a separate agreement, whether online or otherwise, with Taekwondo Evolution for any Service (hereinafter, "Additional Agreements"). In the event of any conflict or inconsistency between the Terms and an Additional Agreement, only the Additional Agreement shall prevail over the Terms with respect to the relevant Service.
1.6 The Terms may only be modified in writing by an authorized representative of Taekwondo Evolution.
2. Provision of Services
2.1 If you are a registered user of the Site, the contracting entity is Taekwondo Evolution.
Since some or part of the Services may be supported or provided by affiliates of Taekwondo Evolution, the latter may delegate some of the Services to its affiliates, and you agree that they may invoice you for the portion of the Services they provide to you.
2.2 You must register as a member on the Site in order to access and use certain Services. In addition, Taekwondo Evolution reserves the right, without prior notice, to restrict access to or use of certain Services (or any feature of the Services) to paying Users or subject to other conditions that Taekwondo Evolution may impose at its sole discretion.
2.3 The Services (or any feature of the Services) may vary depending on different regions and countries, and conditions of use by Users. No warranty or representation is made that a particular Service or feature or function thereof will always be available to Users, or that the same type and scope of such Services will always be available. Taekwondo Evolution may, at our sole discretion, limit, deny, or create different levels of access to use any of the Services (or any feature thereof) with respect to different Users. In any event, the Services shall at all times consist, at a minimum, of making available to users a platform through which they may access educational and/or sports-related content, under the conditions available for each country in which Taekwondo Evolution operates. Additional Services may supplement the foregoing definition and be subject to different terms and conditions.
2.4 Taekwondo Evolution may launch, change, update, impose conditions on, suspend, or discontinue the provision of any of the Services (or any feature of the Services) without prior notice, except that, in the case of a paid Service, such change shall not materially adversely affect the enjoyment of such Service by paying Users.
2.5 Some Services may be provided by Taekwondo Evolution affiliates on behalf of Taekwondo Evolution.
3. General users
3.1 As a condition of access to and use of the Site or Services, you agree to comply with all laws and regulations applicable to your use of the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, republish, sell, distribute, or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases, or listings, etc., available on or through the Site (hereinafter, the "Site Content"), and (b) you will not copy, reproduce, download, compile, or otherwise use any Site Content for the purpose of engaging in commercial activity that competes with Taekwondo Evolution, or commercially exploit the Site Content. Systematic retrieval of Site Content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without the written permission of Taekwondo Evolution is prohibited. Use of any content or materials from the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read Taekwondo Evolution's Privacy and Cookie Policy, which governs the protection and use of personal information about Users held by Taekwondo Evolution.
3.4 Users may access content, products, or services offered by third parties through hyperlinks (in the form of text links, advertisements, channels, or otherwise), API interfaces, or otherwise on such third parties' websites. You are advised to read the ToU or privacy policies of such websites before using them. You acknowledge that Taekwondo Evolution has no control over such third-party websites, does not monitor them, and shall not be responsible or liable for any such websites, or any content, product, or service available on such websites.
3.5 You agree not to take any action to undermine the integrity of Taekwondo Evolution's computer systems or networks or those of any other User, or to obtain unauthorized access to such computer systems or networks.
3.6 You agree that you will not take any action that may affect the integrity of Taekwondo Evolution's feedback system, such as leaving positive feedback for yourself using other Members' Identifications or through third parties, or leaving unfounded negative feedback about another User.
3.7 By posting or displaying any information, content, or material (hereinafter, "User Content") on the Site, or by providing any User Content to Taekwondo Evolution or our representative(s), and to the extent permitted by applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sublicensable (through multiple tiers) license to Taekwondo Evolution to display, transmit, distribute, reproduce, publish, adapt, modify, translate, create derivative works from, or otherwise use all or any part of the User Content in any form, medium, or technology now known or hereafter devised, in any manner and for any purpose that may be beneficial to the operation of the Site, the provision of any of the Services, or the User's business activity. You confirm and warrant to Taekwondo Evolution that you have all rights, powers, and authority necessary to grant the foregoing license. Information protected by data protection laws and other regulations shall be used and retained in compliance with such regulations.
4. Member accounts
4.1 You must be registered on the Site to access or use certain Services (a registered User is also hereinafter referred to as a "Member"). Taekwondo Evolution may cancel or suspend a User's member account if it has reason to suspect that the User is engaging in unlawful activity or activity contrary to these ToU or Taekwondo Evolution policies. In addition, Taekwondo Evolution may reject a User's registration request for any reason.
4.2 Once registered on the Site, Taekwondo Evolution will assign an account and provide, for each registered User, a member identification and a password (the latter to be chosen by the user during registration). An account may have an Internet email address with limited storage space for the Member to send or receive email messages.
4.3 The combination of Member Identification and password is unique to each account. The Member shall be solely responsible for maintaining the confidentiality and security of their Member Identification and password, as well as for all activities carried out on the account. No Member may share, assign, or permit the use of their Member account, identification, or password by any other person outside the Member's own entity without the permission or license of Taekwondo Evolution. The Member agrees to notify Taekwondo Evolution immediately if they become aware of any unauthorized use of their password or account, or any other breach of the security of their account.
4.4 The Member agrees that all activities carried out through their account (including, without limitation, posting any company or product or service information, clicking to accept Additional Agreements or rules, subscribing to or making any payment for any service or product or institutional advertisement, sending email messages with the email account, or sending SMS) shall be deemed to have been authorized by such Member.
4.5 The Member acknowledges that unauthorized sharing of their account with other persons or permitting multiple users outside their business or educational entity to use their account without authorization from Taekwondo Evolution (hereinafter, collectively, "multiple use") may cause irreparable harm to Taekwondo Evolution or other Users of the Site. The Member shall indemnify Taekwondo Evolution, our affiliates, directors, officers, employees, agents, and representatives against any loss or damage (including, without limitation, lost profits) they may suffer as a result of multiple use of their account. The Member also agrees that, in the event of multiple use of their account or failure to maintain its security, Taekwondo Evolution shall not be liable for any loss or damage arising from such breach and shall have the right to suspend or cancel the Member's account without liability in connection therewith if any of the foregoing circumstances occur.
5. Member responsibilities
5.1 The Member acknowledges, warrants, and agrees that (a) they have full authority to accept the Terms, grant the license and authorization, and perform the obligations set forth below; (b) they use the Site and Services solely for the purposes permitted in the ToU; and (c) the address they provided during registration is the principal place of business of their business or educational entity, or their personal residence. For purposes of this provision, a branch or liaison office shall not be considered an independent entity and its principal place of business shall be its headquarters.
5.2 The Member shall be required to provide information or material about their entity, company, or person, or products and services as part of the registration process on the Site or for the use of any Service or member account. The Member acknowledges, warrants, and agrees that (a) such information and material, whether submitted during the registration process or subsequently during use of the Site or Service, is true, accurate, current, and complete, and (b) they will maintain and promptly correct all information and materials so that they remain true, accurate, current, and complete.
5.3 By becoming a Member, you authorize the inclusion of your contact information in our database and authorize Taekwondo Evolution and our affiliates to share contact information with other Users when necessary for the provision of the Services, or otherwise use your personal information in accordance with the Privacy and Cookie Policy.
5.4 The Member acknowledges, warrants, and agrees that (a) they shall be solely responsible for obtaining all necessary licenses and permissions from third parties with respect to any User Content they submit, post, or display; (b) any User Content they submit, post, or display does not infringe or violate any copyright, patent, trademark, trade name, trade secret, or any other personal or proprietary right of third parties (hereinafter, "Third-Party Rights"); (c) they have the authority to sell, market, distribute, export, or offer for sale, trade, distribute, or export the products or services, or to publish the institutional advertisements described in the User Content, and such sale, trade, distribution, publication, or export or offer does not violate any Third-Party Rights; and (d) they and their affiliates are not subject to any trade, personal, sanctions, or any other legal restriction imposed by any State, international organization, or jurisdiction.
5.5 In addition, the Member acknowledges, warrants, and agrees that User Content submitted, posted, or displayed:
- shall be true, accurate, complete, and lawful;
- shall not be false, ambiguous, or misleading;
- shall not contain information that is defamatory, libelous, threatening, or harassing, obscene, offensive, sexually explicit, or harmful to minors;
- shall not contain information that is discriminatory or promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- shall not violate Site Policies, other Terms, or any applicable Additional Agreement;
- shall not violate any law or regulation (including, without limitation, those governing export/import control, consumer protection, unfair competition, or false advertising), or promote any activity that may violate applicable laws and regulations;
- shall not contain any direct or indirect link to any other website that includes any content that may violate the Terms.
5.6 The Member further acknowledges, warrants, and agrees that they shall:
- conduct their activities on the Site in accordance with applicable laws and regulations;
- conduct their activities with other users of the Site in good faith;
- conduct their activities in accordance with the Terms and any applicable Additional Agreement;
- not use the Services or the Site to defraud any person or entity (including, without limitation, selling stolen items or using stolen credit or debit cards);
- not impersonate any other person or entity, or misrepresent their identity or affiliation with any person or entity;
- not send spam or engage in phishing;
- not engage in any other illegal activity (including, without limitation, activities that could constitute a crime, give rise to civil liability, etc.) or encourage or incite any illegal activity;
- not engage in attempts to copy, reproduce, exploit, or misappropriate the various directories, databases, and listings owned by Taekwondo Evolution;
- not use any computer virus or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or misappropriating any software or hardware system, or data or personal information;
- not undertake any plan to undermine the integrity of the data, systems, or networks used by Taekwondo Evolution or any user of the Site, or obtain unauthorized access to such data, systems, or networks;
- not participate in any activity that may otherwise create any liability for Taekwondo Evolution or our affiliates.
5.7 The Member may not use the Services or member account to engage in activities that are identical or similar to Taekwondo Evolution's e-commerce sector activity.
5.8 If the Member provides a business or personal contact person, the Member acknowledges, warrants, and agrees that they have obtained all necessary authorizations, approvals, and waivers from their business partners and associates to (a) act as their business or personal contact person; (b) send and publish their data and contact information, reference letters, and comments on their behalf; and (c) permit third parties to contact such business or personal contact person to support statements or representations made about them. They further warrant and agree that all reference letters and comments are true and accurate, and that third parties may contact the business or personal contact persons without needing to obtain their consent.
5.9 The Member agrees to provide all necessary information, materials, and approval, and to render all reasonable assistance and cooperation necessary for Taekwondo Evolution to provide the Services, assess whether the Member has breached the Terms, or handle any complaint against the Member. If the Member's failure to comply with the foregoing results in delay, suspension, or termination in the provision of any Service, Taekwondo Evolution shall not be obligated to extend the relevant service period and shall not be liable for any loss or damage arising from such delay, suspension, or termination.
5.10 The Member acknowledges and agrees that Taekwondo Evolution shall not be obligated to actively monitor or exercise any editorial control over the content of any message or other material or information created, obtained, or accessible through the Service or the Site. Taekwondo Evolution does not endorse, verify, or otherwise certify the content of any comments or other material or information provided by Members. The Member is solely responsible for the content of their communications and may be held legally responsible or liable for the content of their comments or other material or information.
5.11 The Member acknowledges and agrees that the Services may only be used by individuals, companies, and their representatives for commercial use and not for personal use.
5.12 The Member acknowledges and agrees that the Member is solely responsible for compliance with applicable laws and regulations in their respective jurisdictions, in order to ensure that use of the Site and Services is carried out in accordance therewith.
6. Member violations
6.1 Taekwondo Evolution reserves the right, at its sole discretion, to remove, modify, or reject any User Content that you submit, post, or display on the Site that we reasonably believe is unlawful, violates the Terms, may create liability for Taekwondo Evolution or our affiliates, or is otherwise deemed inappropriate in the opinion of Taekwondo Evolution.
6.2 If a Member violates any of the Terms, or if Taekwondo Evolution has reasonable grounds to believe that a Member has breached any of the Terms, Taekwondo Evolution shall have the right to take any disciplinary action it deems necessary, including without limitation: (i) suspend or cancel their account and each and every user account determined by Taekwondo Evolution at its discretion to be related thereto; (ii) restrict, downgrade, suspend, or cancel their subscription to, access to, or current or future use of any Service; (iii) remove any information, services, institutional advertisement, or other User Content that the Member has submitted, posted, or displayed, as well as impose restrictions on the number of User Content and/or institutional advertisements that the Member may post or display; (iv) impose other restrictions on the Member's use of any feature or function of any Service that Taekwondo Evolution deems appropriate at its sole discretion; and (v) any other corrective, disciplinary, or sanction measures that Taekwondo Evolution may deem necessary or appropriate at its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member shall be deemed to have breached the Terms under any of the following circumstances:
- following a complaint or claim by a third party, if Taekwondo Evolution has reasonable grounds to believe that such Member has not voluntarily or materially performed their agreement with such third party, including, without limitation, if the Member has failed to deliver an item requested by such third party and/or a service after receipt of the purchase price, or when the products or services sent or provided by the Member do not materially comply with the terms and descriptions set forth in their agreement with such third party;
- if Taekwondo Evolution has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty;
- if Taekwondo Evolution has reasonable grounds to suspect that any information provided by the Member is not current or complete, or is false, inaccurate, or misleading; or
- if Taekwondo Evolution believes that the Member's actions may cause financial loss or legal liability to Taekwondo Evolution, our affiliates, or other Users.
6.4 Taekwondo Evolution reserves the right to fully cooperate with governmental authorities, private investigators, or injured third parties in the investigation of any alleged criminal or civil wrongdoing. Furthermore, to the extent permitted by applicable laws and policies, Taekwondo Evolution may disclose the identity and contact information of the Member and/or information related to the Member's account(s), transactions, or activities carried out on or through the Site, at the request of a governmental or law enforcement agency, an injured third party, or as a result of a subpoena or other legal action, when disclosure of such information is lawful under applicable law. Taekwondo Evolution shall not be liable for damages or consequences arising from such disclosure, and the Member agrees not to initiate any action or claim against Taekwondo Evolution and/or its partners and/or corporate or administrative officers or directors for such disclosure.
6.5 Taekwondo Evolution may, at any time and at our reasonable discretion, impose limits, suspend, or cancel the Member's use of any Service or the Site without liability to the Member, if Taekwondo Evolution has received notice that the Member has breached any agreement or commitment with any affiliate of Taekwondo Evolution and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Taekwondo Evolution shall not be obligated to investigate such breach or to seek confirmation from the Member.
6.6 The Member agrees to indemnify Taekwondo Evolution, our affiliates, partners, directors, officers, employees, agents, and representatives, and to hold them harmless from any damage, loss, claim, and liability (including legal costs on a full indemnity basis) that may arise from their submission, publication, or display of any User Content, their use of the Site or Services, or their breach of the Terms.
6.7 The Member further agrees that Taekwondo Evolution is not responsible and shall have no liability to you or to any other person for any User Content or other material transmitted through the Site, including fraudulent, false, misleading, inaccurate, defamatory, offensive, or unlawful material, and that the risk of harm from such material is the sole responsibility of the Member. Taekwondo Evolution reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by the Member, in which case the Member shall cooperate with Taekwondo Evolution to assert any available defense.
7. Transactions between buyers and sellers
7.1 Through the Site, Taekwondo Evolution may offer the possibility of exchanging information between buyers and sellers of products and services. Taekwondo Evolution may also provide web-based electronic transaction platforms for Members to place, accept, conclude, manage, and fulfill orders for the supply of products and services online within the Site, subject to the terms of the Transaction Services Agreement. However, Taekwondo Evolution does not represent either the seller, the buyer, or the advertiser in any of the Services or in specific transactions. Taekwondo Evolution does not control and is not responsible or liable for the quality, safety, legality, or availability of products or services offered for sale, or institutional advertisements, on the Site; the ability of sellers to complete a sale; or the ability of buyers to complete a purchase.
7.2 Users are hereby informed that there may be risks in dealing with persons acting by fraudulent means. Taekwondo Evolution may use various techniques to verify the accuracy of certain information provided by paying Users when registering for a paid subscription service on the Site. However, because user verification on the Internet is difficult, Taekwondo Evolution cannot and does not confirm the purported identity of the User (including, without limitation, payment methods). We suggest using various means and common sense to evaluate with whom you are dealing.
7.3 The User acknowledges that they fully assume the risks of using the Site and of conducting any purchase and sale transaction in connection with use of the Site or Services, and that they fully assume the risks of civil liability or damages of any kind in connection with any subsequent activity of any kind relating to the services or activities deployed on the Site, and the products or services or institutional advertisements that were the subject of a transaction through the Site. Such risks shall include, without limitation, physical risks, injury, false information about products, services, sellers and/or advertisers, fraudulent actions, poor quality, failure to meet specifications, defective or dangerous products, illegal products or services, delay or failure in delivery or payment, error in cost calculation, breach of warranty, breach of agreement, and accidents during transport. Such risks also include the risks that the manufacture, import, export, distribution, offer, display, purchase, sale, or use of products or services, or the publication of institutional advertisements, offered or displayed on the Site may infringe or may be deemed to infringe Third-Party Rights, and the risk that the User may incur defense costs or other costs in connection with claims by third parties of Third-Party Rights, or in connection with any claim by any party entitled to defense or indemnification in connection with claims of rights, demands, or claims by Third-Party Rights claimants. Such risks also include the risks that consumers, other buyers, end users of products or services, or other persons may report having suffered injury or damage related to products or services originally obtained or received by Users of the Site as a result of activities carried out on the Site and/or purchase and sale transactions, or contracting of services, in connection with use of the Site, and may suffer damages or file claims arising from use of such services or products. All of the foregoing risks are hereinafter referred to as "Transaction Risks". The User agrees that Taekwondo Evolution shall not be responsible or liable for any damage, claim, liability, cost, harm, inconvenience, business interruption, or expense of any kind that may arise from or in connection with any Transaction Risk.
7.4 Users are solely responsible for all terms and conditions of activities and transactions carried out on, through, or as a result of use of the Site or Services, including, without limitation, physical damage and injury, terms relating to payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transport, and storage.
7.5 The User agrees to provide all information and materials that Taekwondo Evolution may reasonably require in connection with their use of the Site, or transactions conducted on, through, or as a result of use of the Site or Services. Taekwondo Evolution has the right to suspend or cancel the account of any User who fails to provide the necessary information and materials.
7.6 In the event that a User has a dispute with any other user of the Site and/or party to a transaction, such User agrees to indemnify and hold harmless Taekwondo Evolution (and our agents, affiliates, directors, officers, representatives, and employees) from any claim, demand, action, proceeding, cost, expense, or damage (including, without limitation, any actual, special, incidental, or consequential damage) arising from or relating to such use of the Site or transaction.
8. Limitation of liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT PROVIDED BY TAEKWONDO EVOLUTION ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", AND TAEKWONDO EVOLUTION EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND COMMITMENTS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAEKWONDO EVOLUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE VALIDITY, ACCURACY, EXACTNESS, RELIABILITY, QUALITY, STABILITY, INTEGRITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED ON OR THROUGH THE SITE; TAEKWONDO EVOLUTION DOES NOT REPRESENT OR WARRANT THAT THE PROVISION, INFORMATION, CONTENT, MANUFACTURE, IMPORT, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE, OR USE OF THE INFORMATION, CONTENT, PRODUCTS, OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT INFRINGE ANY THIRD-PARTY RIGHTS; AND TAEKWONDO EVOLUTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
8.3 Any material downloaded or obtained through the Site is done at the User's own risk, and the User shall be solely responsible for any damage to Taekwondo Evolution's computer system or loss of data that may result from downloading such material. No advice or information, whether oral or written, obtained by any User from Taekwondo Evolution or through or from the Site shall create any warranty not expressly set forth herein.
8.4 The Site may make available to Users information, content, services, or products offered by independent third parties. No warranty or representation is made with respect to such information, content, services, or products. In no event shall Taekwondo Evolution and our affiliates be liable for any such information, content, services, or products.
8.5 The User agrees to indemnify and hold harmless Taekwondo Evolution, our affiliates, directors, officers, representatives, and employees from all losses, claims, and obligations (including legal costs on a full indemnity basis) that may arise from such User's use of the Site or Services (including, without limitation, the display of such User's information on the Site) or their breach of any of the terms and conditions of the Terms. The User also agrees to indemnify and hold harmless Taekwondo Evolution, our affiliates, directors, officers, representatives, and employees from all losses, damages, claims, and obligations (including legal costs on a full indemnity basis) that may arise from the User's breach of any warranty made by the User to Taekwondo Evolution, including, without limitation, those set forth in Section 5.
8.6 Furthermore, the User hereby agrees to indemnify and hold harmless Taekwondo Evolution, our affiliates, directors, officers, representatives, and employees from all losses, damages, claims, and liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of claims made by any Third-Party Rights claimant or other third parties in connection with the information, content, products, services, and/or institutional advertisements offered or displayed on the Site. The User further agrees that Taekwondo Evolution is not responsible and shall have no liability to you for any material posted by others, including defamatory, offensive, or unlawful material, and that the risk of damages from such material is the sole responsibility of the User. Taekwondo Evolution reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall cooperate with Taekwondo Evolution to assert any available defense.
8.7 Taekwondo Evolution shall not be liable for any special, direct, indirect, punitive, incidental, consequential, or other damages (including, without limitation, damages for lost profits or loss of savings, business interruption, or loss of information), whether in contract, tort, negligence, equity, or otherwise, or any other harm as a result of any of the following:
- the use or inability to use the Site or the Services;
- any defect in the information, content, products, services, institutional advertisements, samples, data, information, or services purchased or obtained from the Site, a User, or another third party through the Site;
- infringement of Third-Party Rights or claims or demands that the dissemination, manufacture, import, export, distribution, offer, display, purchase, sale, or use of information, content, products or services, or institutional advertisements offered or displayed by the User on the Site may infringe or may be deemed to infringe Third-Party Rights; or claims by any party entitled to defense or indemnification in connection with claims of rights, demands, or claims by Third-Party Rights claimants;
- unauthorized access by third parties to any User's data or private information;
- the statements or conduct of any User of the Site; or
- any matter relating to the Services that may arise, including negligence.
- any unauthorized access or use by third parties, or hacking, without limitation, of Members' personal or business information, banking, credit or debit card information, cryptocurrency-related information, and/or PayPal or Mercado Pago accounts.
8.8 Notwithstanding the foregoing provisions, the total liability of Taekwondo Evolution, our employees, officers, agents, affiliates, representatives, or any person acting on our behalf with respect to the User for all claims that may arise from use of the Site or Services in any year shall be limited to the amount of fees that the User has paid to Taekwondo Evolution or our affiliates during the calendar year. The foregoing paragraph shall not exclude the requirement that the User must prove actual damages. All claims arising from use of the Site or Services must be filed within a maximum period of one (1) year from the date on which the cause of action arises, or otherwise any longer period mandatorily prescribed under any applicable legislation for these Terms of Use.
8.9 The limitations and exclusions of liability to which you are entitled under the Terms shall apply to the maximum extent permitted by law and shall apply regardless of whether Taekwondo Evolution has been informed or should have been aware of the possibility that such losses may occur.
9. Force majeure
9.1 Under no circumstances shall Taekwondo Evolution be held liable, without limitation, for any delay, failure, or interruption of content or services supplied through the Site that results directly or indirectly from acts or natural phenomena, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer, telecommunications, or other equipment failures, power supply failure, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, wars, governmental actions, orders of national or foreign judicial bodies, or breach by third parties.
10. Intellectual property rights
10.1 Taekwondo Evolution is the sole lawful owner or licensee of all rights and interests in the Site and the Site Content. The Site and Site Content include trade secrets and intellectual property rights protected by copyright and trademark laws worldwide and other laws. All title, ownership, and intellectual property rights in the Site and Site Content shall belong to Taekwondo Evolution, our affiliates, or licensors of the Site Content, as applicable. All rights not claimed under these Terms of Use or by Taekwondo Evolution are reserved.
10.2 "Taekwondo Evolution" and related icons and logos are registered or pending registered trademarks, or registered or licensed service marks of Taekwondo Evolution in various jurisdictions, belong to Taekwondo Evolution, and are protected by copyright, trademark, and other intellectual property laws. Unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
10.3 Taekwondo Evolution may engage independent third parties for the provision of the Services (for example, authentication and verification service providers). You may not use any trademark, service mark, or logo of such independent third parties without their prior written authorization.
11. Notices
11.1 All legal notices or requests to or about Taekwondo Evolution must be submitted in writing and sent to Taekwondo Evolution by email with read receipt and delivery confirmation to Taekwondo Evolution. Notices shall be effective when received by Taekwondo Evolution.
11.2 All legal notices or requests to or about the User shall be effective if delivered personally, sent by courier, certified mail, or email to the last mailing address or email address known to have been provided by the User to Taekwondo Evolution, or by posting such notice or request in an area of the Site that is freely accessible to the public. Notices to Users shall be deemed received by such Users provided that:
- Taekwondo Evolution can demonstrate that such communication, whether in physical or electronic form, has been sent to such User, or
- immediately after posting of such notice by Taekwondo Evolution in an area of the Site that is freely accessible to the public.
11.3 You agree that all agreements, notices, requests, disclosures, and other communications that Taekwondo Evolution sends to you electronically satisfy any legal requirement that such communication be in writing.
12. General provisions
12.1 Notwithstanding any Additional Agreement, the Terms constitute the entire agreement between you and Taekwondo Evolution with respect to use of the Site and Services, govern such use, and supersede any prior oral or written agreement relating to the same subject matter.
12.2 You and Taekwondo Evolution are independent contractors, and these Terms are not intended to and do not create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship.
12.3 If any provision of these Terms is deemed invalid or unenforceable, such provision shall be removed and the remaining provisions shall be deemed valid and enforceable.
12.4 Headings are for reference purposes only and in no way define, limit, interpret, or describe the scope or extent of such section.
12.5 Taekwondo Evolution's failure to enforce any right or act with respect to any breach by you under these Terms shall not constitute a waiver of such right or a waiver of Taekwondo Evolution's right to act with respect to subsequent or similar breaches.
12.6 Taekwondo Evolution shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, obligations, and duties under the Terms) to any person or entity (including any affiliate of Taekwondo Evolution). You may not assign the Terms, in whole or in part, to any person or entity.
12.7 The Terms shall be governed by the laws of Argentina, regardless of conflict of law provisions, and the parties to the Terms agree to submit to the exclusive jurisdiction of the competent courts of the city of Buenos Aires, Argentina.
12.8 If you have any comments or questions about the services we provide, please contact us through our customer service help line or channel.