Black Belt Magazine
Terms and Conditions
JungoTV, LLC (“Jungo”) is the owner of all rights and interests related to Black Belt, including the Black Belt magazine (“Magazine”). By subscribing to the Magazine, Black Belt shall provide you with the quarterly issue of the Magazine during the term of your subscription.
By proceeding with your subscription, you acknowledge and agree to abide by these Terms and Conditions (“Terms”), which shall govern the terms of your subscription. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein by reference. Please review our Privacy Statement to understand our practices.
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Table of Contents
a. Black Belt Subscription
b. Delivery
c. Billing and Cancellation
d. Intellectual Property Rights
e. Disclaimers of Warranties and Limitations on Liability
f. Termination
g. Arbitration Agreement
h. Miscellaneous Provisions
2. Black Belt Subscription
a. You must be eighteen (18) years of age, or the age of majority in your jurisdiction to subscribe to the Magazine. Individuals under the age of eighteen (18) or the age of majority may subscribe to the Magazine only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
b. Your subscription to the Magazine is for your personal and non-commercial use only and may not be shared with individuals beyond your household.
c. You agree to use the Magazine in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Magazine and its contents. Except as explicitly authorized in these Terms, you agree not to perform any of the following:
i. reproduce, distribute, display, perform, publish, license, create derivative works from, offer for sale, or use the content and information contained in or obtained from or through the Magazine;
ii. upload, post, e-mail or otherwise send or transmit the Magazine or any of its contents;
iii. commercial use of the Contents; and
iv. damage or infringe the rights of third parties in any way, including, without limitation, infringing on any third party’s intellectual property or privacy rights.
d. Passwords and Account Access. You agree, represent, warrant, covenant and guarantee that all registration information you provided is true, accurate, complete, up-to-date, and solely yours. You are responsible for updating your information by using the mechanism or contact information on the website that allows you to change or update your information. We shall not be held responsible for your failure to maintain true, accurate, complete, or up-to-date information and we shall not be responsible for verifying any and all information that you provided to us. You may not select as your user ID a name that you do not have the right to use or another person’s name with the intent to impersonate that person. We reserve the right to reclaim usernames for any reason, including on behalf of businesses or individuals that hold trademark rights or other legal claims in those usernames. You may not transfer your account to anyone else without our prior written permission.
Upon creation of the Black Belt account and charging of your designated Payment Method, you shall have access and control over your Black Belt account and you shall be responsible for any activity that occurs through your account. To maintain control over the account and prevent anyone from accessing the account which could include information on your subscription, you should maintain control over the devices that are used to access your account and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for protecting the confidentiality of the password associated with your use of your account, and for restricting access to your computer while logged in to your account.
You shall be responsible for any and all statements, acts or omissions made during any use of your account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you should notify us immediately. We shall assume that any communications we receive via your account or the email associated with your account have been made by you unless we receive notice otherwise, and we may also require you to provide proof of identification. Our employees will never ask you for your password personally, by email, or through any modes of communication.
e. Your subscription will continue and automatically renews unless terminated. To continue your subscription, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. Our payment partners may have separate terms and conditions in order to process the payment and your acceptance of those terms is necessary to complete the subscription.
f. We may offer a number of subscription plans, including special promotional plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
3. Delivery
a. Your first issue will be delivered to the address that you provided within ten (10) weeks from your subscription. Subsequent issues shall be delivered within four (4) weeks from the publication date.
b. If your subscription becomes undeliverable due to errors in the address that you provided, we shall have no further obligation to you unless we receive a corrected address within three (3) months. All additional charges for the redelivery of the Magazine shall be charged to your account.
4. Billing and Cancellation
a. Billing Cycle. Prices for our subscriptions are subject to change at any time, but changes will not affect any purchase you have already placed except that for auto-renewing subscriptions, price changes will take effect when indicated in our email notice to you. The subscription fee for the Magazine and any other charges you may incur in connection with your subscription, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for your subscription. Subscription fees are fully earned upon payment. In some cases, your payment date may change as when your Payment Method is not successfully settled or if your paid subscription began on a day not contained in a given month. Click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of subscription charges through various methods, including authorizing it up to approximately one quarter of subscription as soon as you register. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement, otherwise, you hereby waive any right to challenge or dispute such problem or discrepancy.
b. Payment Methods. In order to complete your subscription, you must provide one or more Payment Methods. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
If the subscription fee cannot be charged to the Payment Method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding fees due to us from you; (ii) assess an additional two percent (2%) late charge; (iii) take any and all lawful steps necessary to collect the fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys' fees; (iv) charge such fees to any other payment method you have on file with us and/or our third party providers; and (v) terminate, discontinue, suspend, and/or restrict your account and subscription, including without limitation any of our purported obligations hereunder.
c. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue charging the applicable Payment Method.
d. Cancellation. You must cancel your subscription at least five (5) days before the end of your current subscription period in order to avoid being billed for the next subscription period. You will continue to receive a copy of the Magazine through the end of your billing period. To cancel, go to the "Account" page on this website and follow the instructions for cancellation, or send an email to info@blackbeltmag.com if you are unable to access this webpage. If you cancel your subscription, it will automatically terminate at the end of your current billing period. To see when your subscription will finally terminate, you may click "Billing details" on the "Account" page. If you signed up using your account with a third party as a Payment Method and wish to cancel your subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing through that third party. You may also find billing information about your subscription by visiting your account with the applicable third party.
e. Changes to the Price and Subscription Plans. We reserve the right to change any of our subscription plans or adjust its pricing in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect after notice has been provided to you.
f. No Refunds. Payments are nonrefundable and there shall be no refunds or credits for partially used periods. Following any cancellation, however, you will continue to receive a copy of the Magazine through the end of your current billing period.
5. Intellectual Property Rights
a. Ownership of Rights. We reserve and retain any and all rights, claims, titles and interests in and to any and all intellectual property in the Magazine and all its contents, including without limitation, in copyrighted works, trademarks, service marks, trade secrets, ideas, and other intellectual property, all registered or not, contained in the Magazine. You do not acquire any right, title, interest or claim in any part of the Magazine and its contents as a result of your subscription. Any transfer of rights shall be deemed null and void without our explicit prior written consent.
If you have reason to believe that your content has been copied in a way that constitutes copyright infringement, you may notify us by providing a document via e-mail that includes the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed;
iii. Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
iv. Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Feedback. You hereby authorize us to use any comments, information, ideas, concepts, reviews, or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires, worldwide, exclusive, royalty-free, fully paid-up, irrevocable, unlimited, and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing and marketing products and creating, modifying or improving our service. In addition, you agree not to enforce any "moral rights" in and to the Feedback to the extent permitted by applicable law. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
c. Unsolicited Materials. We do not accept unsolicited materials or ideas for the Magazine, and are not responsible for the similarity of any of the Magazine’s content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if the material or idea used is substantially similar to the material or idea you sent.
6. Disclaimers of Warranties and Limitations on Liability
a. The Magazine and all its content are provided “as is” and “as available” with all faults and without warranty of any kind. We do not guarantee, represent, or warrant that your subscription or use of the Magazine will be error-free. We specifically disclaim liability for the use of your account or the Magazine.
b. To the extent permissible under applicable laws, in no event shall we or our subsidiaries, shareholders, directors, officers, employees, or licensors be liable, jointly or severally, to you for personal injury or any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever. You acknowledge and agree that you shall be solely responsible for your subscription or use of the Magazine. We shall not be responsible for any direct, indirect, punitive, exemplary, statutory, incidental, special, consequential or other damages, loss or injuries suffered by you or by any third party, arising out of or in any way connected to your subscription or use of the Magazine, actions, omissions, errors, failure to perform, interruption, deletion, defects, delays, malware, file corruption, communication failure, unauthorized access, loss of data, denial of service, changes to the website, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damage beforehand or afterwards.
Your sole and exclusive remedy for any of the above claims or any dispute with us is to discontinue your subscription. If such limitation of liability is deemed null or invalid by the applicable jurisdiction, our liability to damages or losses caused to you or to any third party due to any of the aforementioned claims or in connection with your subscription is limited to the amounts paid by you to us in connection with your subscription in the six (6) month period preceding this applicable claim.
c. Waiver and Release. When subscribing to the Magazine, you may volunteer to participate in a program or follow some of the advice or activities in some of the contents that may include physical exercise such as martial arts training, physical conditioning, and other exercise activity. The contents of the Magazine are in no way intended to and shall not be construed to (i) constitute professional medical, health, legal, tax or financial advice, or (ii) diagnose, cure, or treat any medical, health or other medical condition.
You hereby and forever release and discharge and hereby hold us harmless, JungoTV, LLC and its employees, agents, partners, parent companies, managers, and directors (collectively, the “Providers”) from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in this or any exercise program including any injuries resulting therefrom. You recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. You acknowledge that the possibility of certain unusual physical changes during exercise do exist. These changes include abnormal blood pressure, fainting, disorders in heartbeat, heart attack and, in rare instances, death. You understand that as a result of your participation in any of the program or activities, you could suffer an injury or physical disorder that could result in you becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. You recognized that an examination by a physician should be obtained by all participants prior to involvement in any exercise program. If you have chosen not to obtain a physician’s permission prior to beginning this exercise program, you hereby agree that you are doing so at your own risk. In any event, you acknowledge and agree that you assume the risks associated with any and all activities and/or exercises in which you participate. You acknowledge and agree that no warranties or representation have been made to you regarding the results that you will achieve from this program, advice, or activities. You understand that results are individual and may vary. You acknowledge that you have thoroughly read this waiver and release and fully understand that it is a release of liability. By subscribing to the Magazine, you are waiving any right you or your successor might have to bring a legal action or assert a claim against us with respect to the foregoing.
d. The above limitations are without prejudice to the non-waivable statutory rights and to existing laws of some jurisdictions that do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.
7. Termination
a. You understand, acknowledge, and agree that we may terminate your subscription, without any liability on our part for such termination, if you violate these Terms. We can also terminate your subscription or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity. Account termination may result in the destruction of any content associated with your account. We are not obligated to credit or discount a subscription for holds placed on the account by either our representative or by our automated processes.
b. You agree to indemnify, defend and hold us harmless, our affiliates, officers, employees, directors, contractors, agents and service providers from and against any losses, liabilities, expenses and damages, including reasonable attorney’s fees resulting from any violation of these Terms. Without derogating from the foregoing, we reserve the right, at our discretion, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
c. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other actions that we deem necessary or appropriate, with or without notice, to prevent violations and enforce these Terms and remediate the purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under this Terms.
8. Arbitration
a. If you are a Black Belt member in the United States (including its possessions and territories), you hereby agree that any dispute, claim or controversy arising out of or relating in any way to your subscription, these Terms and this arbitration clause, shall be determined by binding arbitration or in small claims court. Nothing in this provision shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Terms and the termination of your subscription.
b. If you elect to seek arbitration or file a small claim court action, you must first send to Black Belt, by certified mail, a written Notice of your claim ("Notice"). The Notice to Black Belt must be addressed to: General Counsel, JungoTV, LLC, 1800 Vine Street, Suite 219, Los Angeles, CA 90028 ("Notice Address"). If we initiate arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
c. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this arbitration clause. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration clause. Unless we agree otherwise, any arbitration hearings shall take place in California. The arbitrator's award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
d. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
e. We hereby agree that each may bring claims against the other only in your or its individual capacity, and not as plaintiff or class member in any purported class or representative proceeding. Further, unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
9. Miscellaneous
a. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
b. Customer Support. To find more information about your subscription, or if you need assistance with your account, please visit the Help Center on this website. In certain instances, Customer Service may be able to assist you best by using a remote access support tool through which we will have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms and information provided by Customer Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
c. Survival. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
d. Changes to Terms Assignment. We reserve the right to amend, add, or delete any provisions of these Terms at any time and at our sole discretion. While we may and may not post notices regarding any modification to the Terms, you are solely responsible for reviewing these Terms periodically to ensure that you are aware of any changes. The last revision of these Terms shall be reflected in the “Last modified” heading below. The continuance of your subscription following any change or amendment to these Terms constitutes your acceptance of such change or update. If you do not agree or wish to be bound by these Terms as currently drafted and as may be amended from time to time, you should not proceed with your subscription or terminate it immediately. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the Magazine.
e. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, i.e., via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: 4 October 2024