Terms of Service
About the Service:
- The Service consists of the web pages provided by TNP, located at the theninjapassport.com domain.
- The Service is intended to foster an online community of ninjas and their families and supporters. Users can connect with other community members through our forums, learn about ninja-related destinations and products, and enjoy the benefits of being part of this unique group.
Eligibility to Use the Service:
- If you are under 18 years old, you must have permission of a parent or a legal guardian to access or use the Service.
- You may not access or use the Service if you are a convicted sex offender.
- You may use the Service solely for your own personal use, and not for any business or commercial use.
- Be kind and reasonable. You are responsible for your interactions with others on or through the Service, including any other users of the Service or users of other services that you access with the Service. We are not responsible for your actions or the actions of anyone else.
- TNP reserves all rights not expressly granted herein, including the right to terminate this license at any time for any reason or for no reason.
- All information you provide for your account must be accurate and complete.
- You may not use any other user’s account without their express permission.
- Protect your account! Keep your password secret and secure and restrict access to your account. You are responsible for any activity that occurs under your account.
- You may not use the Service to engage in any of the following activities, all of which are strictly prohibited:
- Reproducing, duplicating, copying, distributing, selling, reverse-engineering, or extracting code from the Service for use in or with other services or applications (including without limitation any automated or non-automated “scraping”).
- Transmitting spam, chain letters, or other unsolicited messages or uploading invalid data, viruses, works, or other software agents through the Service;
- Attempting to interfere with the operation of, or compromise the system integrity or security of, the Service (including bypassing, or attempting to bypass, measures used to restrict access to the Service);
- Impersonating others, providing false information, or trying to access or collect information about another person using the Service.
- Creating or using more than one (1) user account per individual using the Service, or sharing your password or account with others.
- Using or attempting to use the account login or other information of another user.
- Using the Service for any illegal, fraudulent, or misleading purposes. You must comply with all laws, rules and regulations (for example, federal, state, and local) applicable to your use of the Service and your Content (defined below) including, but not limited to, copyright and trademark laws.
- Using someone else’s trademark, domain name, or URL, in your user name or otherwise, without the owner’s consent.
- Using the Service in any way to defame, defraud, stalk, bully, abuse, harass, threaten, impersonate, intimidate, or convey untruthful or inaccurate information about any person or entity.
- Posting private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or other identifying numbers, non-public phone numbers or non-public email addresses.
- TNP does not support and will not tolerate the Service being used to discriminate against others, whether based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other basis. You may not use the Service in any manner likely to incite, promote or support such discrimination, or to promote hostility or violence generally.
- The Service permits users to upload original content such as text, files, information, images, photos, audio and video clips, sounds, musical works, works of authorship, links, and other content or materials (collectively, “Content”).
- You are solely responsible for your conduct using the Service and any Content that you submit, post, edit, or display on or through the Service.
- You may not upload, submit or post Content that creates risks of harm, loss, injury, mental distress, death, defamation, or other damage to you or any other person, including any Content that seeks to harm or exploit children or that contains any material or information that is obscene or illegal to publish.
- You may only upload Content through the Service that you own or have otherwise obtained the legal right to so use. You hereby represent and warrant that your Content does not infringe or violate the rights of any third party. Infringement of intellectual property rights through use of the Service may lead us to disable your account in our sole discretion.
- TNP respects the intellectual property of others and expect you to do the same. If you believe that your copyrights in your work have been infringed through users of the Service, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below
- Any Content you upload, post, edit, share, or otherwise provide through the Service is not confidential. We are not liable for any use or disclosure of your Content. We will have no obligation to keep any of your Content confidential, and will not be liable for any use or disclosure of any of your Content.
- TNP reserves the right to remove Content you share in violation of these provisions.
- In other words - be mindful of Content you upload through the Service! It may be seen by others and may not be possible to undo any damage that it may cause.
Permission to Use Your Content:
- You retain whatever ownership rights you possess in any Content you post on or through the Service, and TNP does not claim ownership of any such Content.
- You hereby grant to TNP, and represent and warrant that you have all rights necessary to grant, a non-exclusive, fully paid and royalty-free, transferable, unlimited, worldwide license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the Content that you upload, post, edit, share, or otherwise use on or through the Service.
Termination of Account and Access:
- The Ninja Passport™, all other trademarks and service marks owned by us (including graphics and logos used by TNP in connection with our goods or service), all code and content of the Service other than user-provided Content, and the design and concept of the Service (collectively, the “TNP IP”) are the sole property of TNP and are protected by copyright, trademark, patent, and other United States laws and regulations as applicable. You may not reproduce, distribute, perform, prepare derivative works from, reverse-engineer, or otherwise use any of the TNP IP without our express written permission.
- Some features of the Service may be supported by advertising revenue and may display advertisements and promotions. You acknowledge and agree that such advertising and promotions may appear on the Service in any configuration, including in conjunction with your Content. The manner, mode and extent of such advertising and promotions are determined in our sole discretion and are subject to change without notice. You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
- We reserve the right to revise, update, limit, cease maintaining, or discontinue the Service, in whole or in part, in our sole discretion. You will not be entitled to any refunds or damages in the event of any such actions on our part.
- We may change user names or profiles if appropriate or necessary (for example, due to infringement, impersonation, or other reasons as determined in our sole discretion).
Third Party Applications, Software and Services:
- TNP does not control and will not be responsible for the content and operation of any Third Party Applications or the privacy or other practices of any Third Party Applications. All use of any Third Party Applications is at your own risk and TNP is not responsible or liable in any way, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with your use of any Third Party Applications accessed through the Service.
- If you do not agree to allow the Service to access Third Party Applications, you may not be able to utilize all functions of the Service.
- To provide certain features, the Service may require utilization of your phone, tablet, computer, or other device that you are using to access the Service (“Device”) and its service, data access and/or text messaging capabilities. You are responsible for any service, data or other charges incurred through such use of the Service. If you do not agree to allow the Service to access such services, you may not be able to utilize all functions of the Service.
Security and Privacy:
- TNP cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information and Content through the Service at your own risk.
- If you use a Third Party Application to share information, information on the Service may also be shared. We are not liable for such disclosure.
Limitations on Warranties and Liability:
- The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, TNP, its owners, employees, and its licensors do not warrant that any content on the Service, including without limitation user Content, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your Device or loss of data that results from such download or your use of the Service.
- We are not responsible for any other user’s Content or actions. We also are not responsible for any other services or use of Third Party Applications, even if accessed through the Service.
- Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Consent to Binding Arbitration:
- All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. If for any reason a claim proceeds in court rather than arbitration, you agree to waive any right to a jury trial.
- Notwithstanding the foregoing, any party may bring suit in court to enjoin infringement or misuse of any intellectual property rights.
Choice of Laws, Venue, and Jurisdiction:
- The Service is controlled and operated from TNP’s facilities in the United States. TNP makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government, or if the laws in your jurisdiction do not permit the use of the Service as described herein. Unless otherwise explicitly stated, all materials and services found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Notice and Procedure for Making Claims of Copyright Infringement:
TNP respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Service if such claims are reported to the TNP Designated Copyright Agent identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering it to the TNP Designated Copyright Agent.
A DMCA Notice of Alleged Infringement should include the following:
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, the URL and the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include, if accurate, both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all above items included, to the TNP Designated Copyright Agent at:
The Ninja Passport LLC
Attn: Designated Copyright Agent
4985 Moorhead Avenue, Suite 3786
Boulder, CO 80305
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying TNP that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. If you believe that your content may have been infringed, or you have been accused of infringing a third party’s content, we strongly recommend that you contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, TNP has adopted a policy of terminating, in appropriate circumstances, accounts of users who are deemed to be repeat infringers. TNP may also at its sole discretion limit access to the Service and/or terminate the accounts of any Service users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- All rights not expressly granted to you herein are reserved by TNP.