This Terms of Services Agreement (“Agreement”) governs the use of the My Bodybuilding Network Services (“Service”) produced My Bodybuilding Network. (“Service Provider”), including participation in the Service’s chat and forum facilities (“Discussion Areas”). You can access this Agreement at any time from the bottom of any page of the Service. Please read this Agreement carefully. Since the Service is designed to provide a forum for the robust and free-flowing exchange of information, opinions and comments, and an enjoyable and informative experience for all, its users must abide by certain rules. Your use of the Service will constitute your agreement to comply with these rules. If you do not agree with the rules contained in this Agreement, please do not use the Service. The following rules may be modified by Service Provider from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it’s wise to check this page regularly. Your failure to follow the Service’s rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider’s other remedies.
1. Comments by Users Are Not Endorsed by Service Provider
Service Provider does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Ratings or Discussion Areas or elsewhere in the Service. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of Service Provider.
2. Use of the Service by You
• Your right to use the Service is personal to you: You may not authorize others to use the Service in a manner which conflicts with these Terms, and you are responsible for all of your own use of the Service.
• You agree that the Service shall be used for lawful purposes only and that you will not use any obscene, indecent or offensive language, or place on the Service any material that infringes in any way on the rights of others or is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability.
• Other than connecting to Service Provider’s servers by HTTP requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
• You agree that you shall not upload, post, or otherwise make available to the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any uploading, posting or submission.
• The Service contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. The Service Provider owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication, or commercial exploitation of downloaded material from the Service will be permitted without the express, written consent of the Service Provider and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, legend or copyright notice shall be made. You hereby agree and acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
• You hereby grant to the Service Provider a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to the Service, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or later developed.
• You agree upon registration with the Service to provide the Service with accurate and complete name and e-mail address information, and to promptly update this information from time to time as needed.
• You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.
• You acknowledge that the Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
3. Copyright Complaints
My Bodybuilding Network respects the intellectual property of others, and we require our users to do the same. My Bodybuilding Network may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the My Bodybuilding Network service in a way that constitutes copyright infringement, or that My Bodybuilding Network contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify My Bodybuilding Network by providing My Bodybuilding Network copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
4. Materials Provided by Others
You agree that the Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to, infringing, defamatory, offensive or illicit material.
You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorneys’ fees) that may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service.
6. Editing and Deletions
The Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Areas or elsewhere on the Service, in its sole discretion and without notice.
7. Additional Rules
The Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional rules.
8. Disclaimer of Warranty and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS,” AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS. SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Service Provider has the right to terminate your ability to access the Service, for any reason, without notice.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in San Diego, California. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.
12. Entire Agreement
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral. If you don’t agree to the terms contained in this Agreement, please exit the Service now.
The Website may provide links or references to websites operated by third parties. Once you enter another website, please be aware that My Bodybuilding Network is not responsible for the privacy practices of these other sites. We encourage you to review the privacy policies of each site that you visit through a link on our Website.
If you do not want to receive special offers, marketing communications, newsletters or other promotional communications (“Marketing Communications”) from My Bodybuilding Network, you may “opt-out” or withdraw your consent in the following manner:
(a) You may “opt-out” of Marketing Communications that you are already receiving from us by following the steps described in each such Marketing Communication.
(b) You may also control the communications you receive from us by logging into your account and updating your email notification settings.
Please note that once we receive your request, it make take an additional period of time for such request to become effective. Also note that after you “opt out” My Bodybuilding Network may still send you certain communications that are not primarily for marketing purposes and that My Bodybuilding Network deems important for all Website users to receive, such as notifications regarding technical problems with the Website.
User Generated Content
You may elect to submit User Generated Content via the Website. If at any time you share User Generated Content on areas of the site that are generally accessible to other Website users, such content is considered “Public User Generated Content.” If you share User Generated Content solely on areas of the site that are accessible to other My Bodybuilding Network users only if such users have a non-public access code or if you share Personal Information with My Bodybuilding Network that you do not share on public areas of the Website, such content is considered “Private User Generated Content.”
You have control over what information about yourself you choose to share on the Website. Please be aware that when you post Public User Generated Content on the Website, such content may be viewed by other users and by the general public, including any such content that contains Personal Information. All such sharing of information and content is done at your own risk.
You may modify or delete your User Generated Content in accordance with the instructions on the Website. Please be aware that even if My Bodybuilding Network deletes such User Generated Content from its ‘live’ databases, such information may still be stored on other databases (including those kept for archival purposes). We will not retrieve deleted content from our archives in order to publish it on the Website or elsewhere, but please be aware that any Public User Generated Content that you delete but that has been published or distributed in media other than the Website prior to deletion may remain publicly available on areas other than the Website in accordance with the User Generated Content License.
Website Usage Information
We may collect information automatically about the use of the Website, through, for example, “cookies” or “IP addresses” (as described below). My Bodybuilding Network also archives log files and uses non-personally identifying information in aggregate form to detect errors with the Website, identify security issues, build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of My Bodybuilding Network users, and measure demographics and interests in connection with specific areas of the Website. We may provide such statistical data to our advertisers, affiliates and other current and potential business partners. For example, we may inform these third parties as to the number of people who have seen and clicked on links to their websites. We also use such data to create a more enjoyable experience for our users, for example, to assist in selecting content and advertisers featured on specific channels, pages and site areas based on your general likes and dislikes.
Use of Contractors and Service Providers
My Bodybuilding Network uses third parties (including contractors and service providers) to help with certain aspects of its operations, which may require disclosure of your Personal Information to them. For example, My Bodybuilding Network may use a third party to communicate with you (via telephone, email, or letter) about our services, to send information to you, to host the Website and related databases, and to perform other work that we may choose to outsource. My Bodybuilding Network requires these third parties to use your Personal Information only as necessary to perform the services they are asked to perform.
My Bodybuilding Network uses technology provided by a third party to serve ads when you visit the Website. This technology may use information about your visit to the Website in order to provide advertisements about goods and services that may be of interest to you. My Bodybuilding Network customizes the advertisements that you see based upon: (I) the information that you knowingly provide; (ii) geographic location which My Bodybuilding Network determines through your IP address; (iii) data My Bodybuilding Network receives from third parties and (iv) your behavior on the Website or other sites. In the course of serving advertisements to the Website, such third party advertising technology may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used to target ads to you, please visit http://www.doubleclick.com/privacy/opting_out.aspx. In addition, as described above, you have the ability to accept or decline cookies by modifying the settings in your browser.
We use a combination of multiple firewalls and multiple levels of physical security to protect the Personal Information you share with us from unauthorized access or disclosure. We encrypt your password when it is submitted to us in order to protect the Personal Information you share with us from unauthorized access or disclosure. However, you should know that no company, including My Bodybuilding Network, can fully eliminate security or other risks associated with the possession of Personal Information. For example, we may be legally required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You are responsible for maintaining the confidentiality of your login information and password.
This Site and third parties who place advertisements on this Site may collect and use information about your visits to this Site and other websites in order to provide advertisements about goods and services of interest to you. If you would like to obtain more information about these advertising practices and to make choices about online behavioral advertising.
If you have a question or comment about the My Bodybuilding Network site, please contact us at email@example.com.
Age and Eligibility
In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@MyBodybuildingNetwork.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete. The Website should not be used by people who have adverse medical or nutritional condition. See “Precautions,” below.
You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Content found on the Website is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. My Bodybuilding Network requires that you consult with your physician before following any training instructions you receive through the Website or participating in any event announced on the Website, including but not limited to (as defined below). Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have adverse medical or nutritional conditions. By using the Website, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Website.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.
Information on the Website
We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by My Bodybuilding Network, My Bodybuilding Network employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.
Registration and Password
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant My Bodybuilding Network the right to use your information in connection with the operation of the Website. My Bodybuilding Network cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.
You represent that the information that you provide about yourself as requested in the My Bodybuilding Network account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing My Bodybuilding Network with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the Website
Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by My Bodybuilding Network or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain My Bodybuilding Network’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by My Bodybuilding Network to you are retained by My Bodybuilding Network and its licensors.
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.
There are several areas on the Website on which users may post information, including Message Boards, (collectively, “Community Pages”). Any information posted to the Community Pages can be viewed by anyone who visits the Website (whether or not such visitors are registered users). My Bodybuilding Network does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of My Bodybuilding Network. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.
User Organized Meetings
The Website provides tools that allow users to organize and host offline, in-person meetings and events with other users of the Website at public or private venues. Organizers may require other users to pay certain fees in order to attend. Attendance fees are assessed by the organizers at their sole discretion, and My Bodybuilding Network does not receive any portion of such fees. My Bodybuilding Network does not endorse, sponsor, organize or control. Your attendance or participation is solely at your own risk. You understand that My Bodybuilding Network does not in any way screen the organizers or any other users on the Website, nor does My Bodybuilding Network attempt to verify the statements of the organizers of any other users on the Website. My Bodybuilding Network is not responsible or liable in any manner for any loss or damage arising out of your attendance or participation in any event, and you hereby waive and release My Bodybuilding Network from any and all claims arising from or related to your participation.
Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. My Bodybuilding Network reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. My Bodybuilding Network is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users, including with respect to any organized or attended by such users or any other services offered by such users.
When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights.
User Indemnification Of My Bodybuilding Network
Changes to Website
My Bodybuilding Network may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that My Bodybuilding Network shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
Third Party Websites
Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY MY BODYBUILDING NETWORK AND ITS AFFILIATES “AS IS.” NEITHER MY BODYBUILDING NETWORK NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, MY BODYBUILDING NETWORK AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, MY BODYBUILDING NETWORK DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL MY BODYBUILDING NETWORK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MY BODYBUILDING NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF MY BODYBUILDING NETWORK, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. MY BODYBUILDING NETWORK’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.