Terms of Service

By accessing the website at https://themartialman.com and using any of our services, you agree to be bound by these terms of service, all applicable laws, and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

DefinitionsThe following terms shall have the following meaning:

“Us,” “The Martial Man”: The Martial Camp Co., Ltd., the company behind The Martial Man brand.

“You,” “the User”: person or customer using The Martial Man provided services and/or having an account allowing access to our Services.

“Application”: mobile application created through The Martial Man.

“Author”: any person who is drafting or publishing on the Internet, specifically on the application.

“End-user”: A person who uses one or more applications created using The Martial Man services.

“Website”: Internet Website enabling publishing content and the drafting of commentaries by end-users.

“User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.

“Order”: Online subscription of our service (s).  

“User Material”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials.

1. Account Terms
   1. You must be 18 years or older to use this service.
   2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
   3. You must provide your full legal name, a valid email address, and any other information requested to complete the signup process.
   4. One person may only use your account – a single login shared by multiple people is not permitted.
   5. You are responsible for maintaining the security of your account and password. The Martial Man cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   6. You are responsible for all content posted and activity that occurs under your account.
   7. You may not use the service for any illegal or unauthorized purpose. In the use of the service, you must not violate any laws in your jurisdiction (including but not limited to copyright laws).
   8. Violation of any of these agreements may result in the termination of your account. While The Martial Camp Co., Ltd. prohibits such conduct and content on the service, you understand and agree that The Martial Camp Co., Ltd. cannot be responsible for all the content posted on the service, and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

Copyright & Ownership
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of The Martial Camp Co., Ltd. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to direct, indirect, special, incidental, or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.

When accessing or using the Services, you agree to obey the law and respect others’ intellectual property rights. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

We claim no intellectual property rights over the material you provide to the service. Your profile and materials uploaded and provided remain yours. 

General Conditions
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Support is only provided via email. Currently, we do not offer support via any other channel.

You understand that The Martial Man uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

You must not modify, adapt, or hack the Service or modify another website to falsely imply that it is associated with the service or any other The Martial Camp Co., Ltd. service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use the service, or access the service without the express written permission of The Martial Camp Co., Ltd.

We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any The Martial Camp Co., Ltd. customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited emails, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

The Martial Camp Co., Ltd. does not warrant that

1. the service will meet your specific requirements,
2. the service will be uninterrupted, timely, secure, or error-free,
3. the results that may be obtained from the use of the service will be accurate or reliable,
4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
5. any errors in the service will be corrected.

You expressly understand and agree that The Martial Camp Co., Ltd. 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 The Martial Camp Co., Ltd. has been advised of the possibility of such damages), resulting from

1. the use or the inability to use the service;
2. 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;
3. unauthorized access to or alteration of your transmissions or data;
4. statements or conduct of any third party on the service;
5. or any other matter relating to the service.

The failure of The Martial Camp Co., Ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and BuddyBoss and govern your use of the service, superseding any prior agreements between you and BuddyBoss (including, but not limited to, any previous versions of the Terms of Service).

Limitation of Damages
To the maximum extent permitted by law, the User agrees to limit BuddyBoss’s liability for the User’s damages to the sum of USD 1,000.00 or the amount that the User has paid to BuddyBoss during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 

Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the martial camp co., ltd., its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (I) your use of and access to the service; (ii) your violation of any term of these terms of service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the service.

Disclaimer of Warranties
The Martial Camp Co., LTD., and our affiliates, resellers, distributors, and vendors, make no warranties, express or implied guarantees, or conditions concerning your use of the services. You understand that the use of the services provided is at your own risk and that The Martial Man delivers the services on an “As is” basis “With all faults” and “As Available.” you bear the entire risk of using the services. The Martial Man doesn’t guarantee the accuracy or timeliness of information available from the services.

To the extent permitted under applicable law, we exclude any implied warranties, including merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. We exclude any guarantees to any rejection, for any reason whatsoever, of the mobile applications by any online mobile application store, marketplace, or the like.

You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. The Martial Man does not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss won’t happen, nor does The Martial Man ensure any connection to or transmission from the computer networks.

The Martial Man makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) 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, transmitted, or otherwise made available via the services. The Martial Man does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and The Martial Man will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Governing Law & Venue: You agree that the service shall be deemed solely based in Thailand. This agreement shall be governed by Thailand’s internal substantive laws, without respect to its conflict of laws principles. Any claim or dispute between you and The Martial Man that arises in whole or in part from the service shall be decided exclusively by a court of competent jurisdiction located in Thailand. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with The Martial Man

Entire Agreement: If you are using the service on behalf of a legal entity, you represent that you are authorized to agree on behalf of that legal entity. Together with the Privacy Policy and any other legal notices published by The Martial Man on the Service, these Terms of Use constitute the entire agreement between you and The Martial Man and govern your use of the service, superseding any prior agreements between you and The Martial Man.

Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.

Amendment: The Martial Man reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

No waiver: The Martial Man’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

No Third-Party Beneficiary Rights: Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

NO CLASS ACTIONS: Concerning all persons and entities, regardless of whether they have obtained or used the service for personal, commercial, or other purposes, all claims must be brought in the parties’ capacity and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or another representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and the company are each waiving the right to a trial by jury or participating in a class action, collective action, private attorney general action, or another representative proceeding of any kind.    

Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within our Website, User Account, or elsewhere; (2) by email, sent to the email address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty-four (24) hours after publication or sent through any of the foregoing methods unless otherwise indicated in the notice.

Amicable Resolution: Before filing any claim against us, you agree to solve the dispute amicably by first emailing [email protected]. If we cannot resolve the dispute informally via email, phone, or other methods, within sixty (60) days of receipt of your first email, you or The Martial Man may bring a formal proceeding.

THE MARTIAL CAMP Participants – Terms & Conditions.

(1) Introduction

This disclaimer governs THE MARTIAL CAMP between the dates of the 09th January – 22nd January 2023. We will ask you to sign this disclaimer before taking part in the event.

You acknowledge that all of the exercises involve a risk of personal injury and you agree to take responsibility for your health and well-being for the duration of the event.

(2) Health and medical conditions

You acknowledge and represent that:

to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; [and/or]

your doctor has approved your participation in our event.

[Doctors’ approvals under this section 3 must be in writing and copies must be provided to us [upon request]

You must inform us, as soon as possible, if:

you suffer from any [new] injury, illness, or other medical condition;

you feel any pain or discomfort; or

you feel that any exercise included in the training would be unsafe or uncomfortable for you.

We may in our sole discretion prohibit you from participating in training, and you must comply with all of our instructions in relation to our event.

(3) No representations or warranties

To the maximum extent permitted by applicable law and subject to section 7 below, we exclude all representations, warranties, undertakings, and guarantees relating to THE MARTIAL CAMP.

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

that you will not suffer from any injury arising directly or indirectly from participating in the event;

(4) Photography Release

I hereby grant full permission to THE MARTIAL CAMP to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this event, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of THE MARTIAL CAMP event.

(5) Personal Property

I understand that I am responsible for my personal property while at the event and THE MARTIAL CAMP takes no responsibility for lost or stolen property.

(6) Limitations and exclusions of liability

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 5 below; and govern all liabilities arising under the disclaimer or in relation to THE MARTIAL CAMP, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of attending THE MARTIAL CAMP. Nor will

we are liable to you in respect of any other losses arising as a result of any such personal injury.

We will not be liable to you in respect of any of your personal property that is lost, stolen or damaged before, during, or after the event.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

We will not be liable to you in respect of any special, indirect, or consequential loss or damage. (7) Exceptions

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

(8) Severability

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

(9) Law and jurisdiction

This disclaimer shall be governed by and construed in accordance with Thai law, and any disputes relating to this disclaimer or our event will be subject to the exclusive jurisdiction of the courts of Thailand.

(10) Our details

In this disclaimer, “we” means (and “us” and “our” refer to) THE MARTIAL CAMP., Ltd. a company registered in Thailand.

(11) Instructors

The limitations and exclusions of liability in this disclaimer protect our instructors as well as protect us.

(11) Deposit

The deposit collected is non-refundable. If you later decide that you can not attend the event, your deposit will be forfeited.

By purchasing a ticket to attend THE MARTIAL CAMP I/We indicate that I/We have read and understood this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.

Last updated on 20th May 2023.