Handwerker Media, LLC (“Artisan Martial Arts / BramBirthdayBash.com / BramsBirthdayBash.com”) owns and operates this Website. This document governs your relationship with BramBirthdayBash.com (“Website” or “School”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Access to the Services may require a User Account. This username is the account you use across this Websites ecosystem. The School is not responsible for any losses arising from the unauthorized use of your account. Please contact us if you suspect that your account has been compromised.
You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an account and use our Services. User accounts for persons under this age can be created by a parent or legal guardian.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and BramBirthdayBash.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of BramBirthdayBash.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BramBirthdayBash.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order or signing up for a subscription you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with BramBirthdayBash.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. BramBirthdayBash.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be BramBirthdayBash.com or may in some cases be a third party. Where a contract is made with a third party BramBirthdayBash.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- OUR CONTRACT – When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
- PRICING AND AVAILABILITY – Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.
- SHIPPING – Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
- PAYMENT & TUITION – Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Unless classes have been paid for in advance, or otherwise agreed to, you will pay for training on a monthly subscription basis.
- TRAINING LIABILITY WAIVER AND RELEASE – You understand and agree that strict observation of the rules and regulations relative to training, including the use of protective equipment, is required and that the use of facilities and your presence at the physical location of the School, virtual or in person, are at the sole risk of you. You understand and agree that the martial arts involves defensive and offensive skills and training which include violent and sudden movements and that in connection with the training and instruction sessions, there may be physical contact between you and an instructor, and between and among the students themselves and that such contact may result in personal injury despite the best intentions and following adequate precautions. You agree that the School and its instructors, agents, employees, volunteers, operators and authorized representatives, shall not be responsible for and are hereby released from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by you or anyone claiming through you, or related to any activity connected with the School including, but not limited to, any caused by the negligence of gross negligence of the School or its instructors, Members, agents, employees, operators, or authorized representatives.
- CLASSES / CONTACT – Scheduling and content of classes and programs and furnishing of facilities and instructors are at the sole discretion of the School and may be changed from time-to-time upon notice by the School. You understand that during the course of instruction, School instructors, authorized personnel and/or other students will engage in a course of conduct requiring physical contact with you. He/she gives full consent to such contact as is required by the training program and classes.
- ACCEPTANCE OF STUDENTS – Upon acceptance as a Student at the School, you agree to faithfully comply with all provisions, terms and conditions hereof, including all rules and regulations of the School. The School reserves the right to immediately suspend or terminate any Student from participation or enjoyment of rights under this agreement for failure to comply with rules and regulations of the School. Suspension or termination of a Student shall not entitle the Student to a refund or credit for any tuition already paid or cancel any unpaid balance due.
- PHOTO & VIDEO RELEASE – Virtual or in-person classes may be recorded in either video or still image formats for future use in training, advertisement, or social media. These recordings are the property of the School. You release any rights to your likeness contained, intact or in-part, in these recordings and holds the School, it’s instructors, and officers free of liability for the use of these recording and their outcomes. You may opt out of your likeness being used, by completing the Photo-Video Opt Out Form.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BramBirthdayBash.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BramBirthdayBash.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with BramBirthdayBash.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BramBirthdayBash.com
You agree to indemnify, defend and hold harmless BramBirthdayBash.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
BramBirthdayBash.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please Contact Us
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BramBirthdayBash.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Handwerker Media, LLC.
– Updated: 12.19.2023