PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR
USE OF THE MYBODYSITE.COM WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR
USE OF THE MYBODYSITE.COM WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
These Terms of Service (“TOS”) apply to all users of the
MyBodySite.com™ website (the “Site”). By using this Site (including any content
posted on the Site), you signify your acceptance of these TOS, as well as the
Community Guidelines (link) and the MyBodySite.com Privacy Policy (link), which
are incorporated by reference into these TOS and made a part hereof.
MyBodySite.com reserves the right to update or change these TOS at any time by
posting the most current version of the TOS on the Site. Your continued use of
the Site after we post any changes to the TOS signifies your agreement to any
such changes. If you do not agree to these TOS, you must discontinue using the
Site and terminate your membership in MyBodySite.com. This Site is owned and
operated by MyBodySite, LLC, d/b/a MyBodySite.com™. All references to MyBodySite.com herein shall
be deemed to include MyBodySite, LLC.
Website Access
THIS IS A WEBSITE FOR MEN AND WOMEN INTERESTED IN ALL
ASPECTS OF FITNESS, WEIGHT LOSS, BODYBUILDING AND SPORTS TRAINING, OFFERING
THEM A POSITIVE AND INTERESTING ENVIRONMENT WHERE THEY CAN CONNECT WITH OTHER
PEOPLE, TO SHARE INFORMATION, MAKE NEW FRIENDS AND DISCUSS ISSUES OF MUTUAL
INTEREST. TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 16 YEARS OLD
OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 16
YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
Registering as a Member.
You do not have to be a MyBodySite.com Member to use this
Site. However, only Members can access some of the most popular features and
services that MyBodySite.com currently offers, such as forums, blogs, photos,
groups, private messages, social networking features, or other services that we
may offer in the future (the “Services”). Registration is free but premium
services are offered to interested users. If you are not registered with us,
please click here to register (link) and become eligible for all of
MyBodySite.com’s features.
When you register with MyBodySite.com, you will be asked to
provide us with your name, birthday, email address and other information that
we may request, all of which will become part of your profile (“Profile Data”),
and which you can add to or change from time to time. You will also be asked to
select a screen name and password which will serve to identify you as a Member
each time you visit the Site and allow you to access your account. You may not
(i) select or use a screen name of another person with intent to impersonate
that person, (ii) use a screen name in which another person has rights without
authorization from that person, or (iii) use a screen name that MyBodySite.com,
at its sole discretion, deems offensive. You agree to provide (i) true,
accurate, current and complete information about yourself as prompted by the
registration form, and (ii) maintain and properly update the Profile Data to
keep it true, accurate, current and complete. If you provide information that
is untrue, inaccurate, not current or incomplete, or MyBodySite.com has
reasonable grounds to suspect that you have, we have the right to suspend or
terminate your membership and refuse any and all current or future use of the
Site and the Services (or any portion thereof). Members must immediately notify
MyBodySite.com of any known or suspected unauthorized use of a Member's account,
or any known or suspected breach of security, including loss, theft, or
unauthorized disclosure of Member's password. Members should be cautious about
sharing their account information with third parties. Each Member is
responsible for the confidentiality of her/his screen name and password and all
usage or activity on her/his account, including use of the account by any third
party, whether or not such use is authorized by the Member. Members may share
an account (using one screen name and password) if the account is being used
for legitimate group discussions and if it is clearly disclosed that it is a
group account.
How You Can Use the Services.
This Site and the Services offered are intended for your
personal, noncommercial use in accordance with these TOS. You agree that you
will not (i) copy, display or distribute any part of the Site, in any medium,
without MyBodySite.com’s prior written consent, or (ii) alter or modify any
part of the Site other than as may be reasonably necessary to use the Site for
its intended purpose.
You further agree that you will not use any automated
devices, such as spiders, robots or data mining techniques to catalog,
download, store or otherwise reproduce, store or distribute content available
on the Site, or to manipulate the Site or the Services, or otherwise exceed the
limited access granted to you by MyBodySite.com. You will take no action to
interfere with, interrupt, destroy or limit the functionality of the Site or
any computer software or hardware or telecommunications equipment. You will not
distribute or transmit any content or software or other computer files that
contain a computer virus or other harmful component
Controlling your Personal Information
One of the great features of MyBodySite.com is that you may
control who will see your profile information as well as any other components
or photos that you post on the Site, simply by adjusting your privacy settings.
When you first create a profile, or when you make any changes to it, you can
select who will see that information. In most cases (there are a few
exceptions, described below), you can make your profile information completely
private, so that no one sees it but you. You can also choose to make your
profile information (or parts of it) visible only to the friends in your
network. Or you can choose to make it visible to everyone who visits the Site.
You also have control over the personal information you post
to the Site through blogs, photos and other features. You can choose to share photos and posts with
your network of friends, or you can choose to share them with everyone. Be aware that if you choose to make your
posts visible to everyone, then any personal information you post will be
accessible to all Members and all visitors to the Site. You should also be
aware that any information that is made public on the Site will be searchable
by other search engines. In addition, even if that content is later removed
from this Site, it may still be stored in other computers of people who visited
the Site, and removal of that information from this Site will not remove it
from those other computers. Therefore, we caution you to be very careful about
posting personal information to the Site.
In addition, some information that you add to your profile
cannot be hidden and is always visible to anyone who visits that Site. That
includes your profile photo/avatar, your screen name, your location and your
answers to questions in your profile on registration. In addition, you will
show up in searches on the Site based on your ZIP/Postal code. If you’re
uncomfortable disclosing this information, just make something up. For example,
your location can be “none of your beeswax” or “Land of Oz.” The point is, be
aware that many people who you don’t know will view the information you post
and you should exercise good judgment and discretion when you choose to post
personal information.
MyBodySite.com makes every effort to ensure that your
Profile Data and posts are displayed only to the people you selected in your
privacy settings. However, mistakes can happen. If you believe that your
content is being displayed in a manner that you did not authorize, you can
notify us of the error by using the “Contact Us” button on any page of the Site
and we will correct the problem promptly. However, you agree that your sole
remedy against us if we were to make such a mistake is to require us to change
the privacy settings to those that you originally requested.
User Submissions
Most of the content on MyBodySite.com is submitted by our Members.
We encourage you to take advantage of the many opportunities to interact with
MyBodySite.com Members by posting and reading content and participating in
online discussions.
You acknowledge that by using the Site, you may be exposed
to content that you find objectionable, indecent or offensive or which is
inaccurate, misleading or incomplete. We are not responsible for the accuracy,
completeness or usefulness of any content, nor do we endorse such content. We
do not verify the identity of people using our Site. You use the Site and the
content at your own risk.
All content that you post to MyBodySite.com must comply with
these TOS and the MyBodySite.com Community Guidelines. You take sole
responsibility for all content that you post on the Site and the consequences
of posting that content. You are responsible for obtaining all necessary rights
to upload, post and distribute the content, including obtaining permission from
any person shown in a photo that you upload or identified in any writing that you
post. You agree that you will not upload, email, transmit, or otherwise make
available any content that is:
threatening, defamatory,
abusive, obscene, pornographic, or any material that would give rise to
any civil or criminal liability under applicable law;
any materials that could
infringe any copyright, trademark, publicity or privacy right or any other
intellectual property right of any person or entity unless you have first
received permission from the owner of those rights to use the materials;
any materials containing
slurs, hate speech or which attack an individual or group on the basis of
race, color, religion, national origin, or sexual preferences;
any materials that contain
an email address, telephone number, street address, last name, or any other
content or information that identifies a user;
any materials that
constitute spam. Sending the same message multiple times or to multiple
people will be treated as spam.
We permit advertising only
in specified areas of the Site that are specifically designated for
advertising.
By submitting content to the Site, you grant to
MyBodySite.com and its successors in business a perpetual, worldwide,
royalty-free, and non-exclusive license to reproduce, distribute, modify, edit,
display, adapt, create derivative works from and market and promote the
content, for any commercial purposes, and in any medium now existing or
hereinafter developed, and to use your name, likeness and any personal
information you submit with the content without your prior approval or the
payment of any compensation. You also grant each user of the MyBodySite.com
Site a non-exclusive license to access your content as permitted through the
functionality of the Site and under these TOS.
User Conduct.
As an online community, we will thrive only if we can rely
on our Members to act responsibly. We believe that all Members and visitors
benefit from basic rules for acceptable conduct while using the Site and the
Services. These rules have been encoded into our Community Guidelines (link).
By using the Site, you agree to comply with the Community Guidelines (link).
Our Content Removal Rights.
We reserve the right, but not the obligation, to monitor,
edit or remove any content at any time and without notice if we believe that
(i) the content violates these TOS or the Community Guidelines, (ii) removal is
necessary to protect the rights, property or personal safety of MyBodySite.com,
its users and the public, or (iii) if required to do so by law. We also reserve
the right to remove postings that are off the subject or not in English. We can
also remove content if we believe that doing so will improve our Site and the
experience of our Members.
If you believe that any postings on the Site violate these
TOS or the Community Guidelines, please let us know by using the “Report ”
links which can be found on every page of the Site. We try to review all
reported violations and, if we agree with you, we’ll take appropriate action.
However, in all cases, we are the final judges on whether these TOS or Community
Guidelines have been violated and we will determine what, if any, action should
be to taken.
Notwithstanding anything to the contrary stated herein or in
our Privacy Policy, we have the right to view and monitor any content posted to
this Site, even if that content has been designated as “private,” if we have
reason to believe that the content or the Member posting the content has
violated these TOS or the incorporated Community Guidelines, or has engaged in
conduct that is fraudulent, deceitful, unlawful or is or could be a threat to
persons or property.
Proprietary Rights
The Site and all material published on the Site, including,
but not limited to text, photographs, video, text, graphics, music, sounds,
messages, comments, ratings, and other materials is owned by MyBodySite.com or
its licensors and is protected by copyright, patents, trademarks, trade secrets
and/or other proprietary rights, including under the United States copyright
laws. MyBodySite.com owns a copyright in the selection, coordination, arrangement
and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site ("Marks")
are trademarks of their respective owners, including MyBodySite.com and its
partners. Users are prohibited from using any Marks without the written
permission of MyBodySite.com or such third party that may own the Marks.
Content on the Site is provided AS IS for your information
and personal use only. You may not copy, publish, transmit, distribute,
perform, sell, create derivative works of, or in any way exploit, any of the
content, in whole or in part, without MyBodySite.com’s prior written consent.
You may download content for your personal, non-commercial use only as provided
in these TOS, provided that you keep intact all copyright and other proprietary
notices. Copying or storing of content for other than personal use is expressly
prohibited without prior permission from us or the copyright holder identified
in the copyright notice contained in the content.
No License Granted.
Except for allowing you to use the Site for your personal
use as set forth in the paragraph above, when you use the Site, you are not
receiving a license or any other rights from us, including intellectual
property or other proprietary rights of MyBodySite.com. YOU UNDERSTAND THAT YOU
HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER MYBODYSITE.COM PROPERTY EXCEPT AS
WE INDICATE IN THESE TERMS.
Age Requirements.
You must be at least 16 years old to join MyBodySite.com and
to use the Services. The MyBodySite.com Site and Services is not intended for
children under the age of 16. MyBodySite.com does not knowingly collect
personal information from children under the age of 16.
Communications from MyBodySite.com.
By registering for MyBodySite.com, you will receive online
communications from MyBodySite.com. To unsubscribe from any MyBodySite.com
email list, simply click on the “Unsubscribe” link at the bottom of the email
and your name will be removed from that mailing list.
Links.
The Site, or Members, may provide links to other World Wide
Web sites or resources. Because MyBodySite.com has no control over such sites
and resources, you acknowledge and agree that MyBodySite.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products or
other materials or available from such sites or resources. You further
acknowledge and agree that MyBodySite.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
Indemnity.
You understand that you are personally responsible for your
behavior while on the Site and agree to indemnify and hold MyBodySite.com, and
its affiliates, business partners, and their respective officers, directors,
employees, and agents, harmless from and against any loss, damage, liability,
cost, or expense of any kind (including attorneys' fees) that we may incur in
connection with a third party claim or otherwise, in relation to your use of
the Services or access to the Site, or your violation of either these TOS,
applicable law or the rights of any third party.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES
(INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER
SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK.
YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND
OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED
IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS
IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE
SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT
MYBODYSITE.COM MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT
MYBODYSITE.COM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE
SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER
ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS
DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF
YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR
SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MYBODYSITE.COM
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL
INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION,
PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT
MYBODYSITE.COM IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL,
NUTRITIONAL COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
MYBODYSITE.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE
REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL MYBODYSITE.COM OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD
PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO
AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF
OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR
NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MYBODYSITE.COM HAS BEEN
ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR
OTHERWISE.
If any part of these warranty disclaimers or limitations of
liability is found to be invalid or unenforceable for any reason, then our
aggregate liability for all claims under such circumstances for liabilities
shall not exceed ten dollars ($10).
Access Restrictions; Termination.
We can suspend or terminate your membership in
MyBodySite.com and your access to the Site or the Services, in whole or in
part, at any time, immediately and without notice if, at MyBodySite.com’s sole
discretion, you fail to comply with any of the TOS or the Community Guidelines.
Upon termination, you must destroy all materials obtained from this Site and
the Services and all copies thereof. In the event of suspension or termination,
you are no longer authorized to access the Site or the Services, and the
restrictions imposed on you with respect to any materials downloaded from the
Site or the Services and the disclaimers and limitations of liabilities set
forth in the TOS shall survive.
You understand and agree that your membership in
MyBodySite.com is subject to and conditioned upon the following: Your continued
adherence to these TOS and the Community Guidelines and any future
modifications thereto. Your violation of these TOS, the Community Guidelines,
or any other agreement between you and MyBodySite.com constitute grounds for
immediate termination of your membership without further notice at
MyBodySite.com’s sole discretion. We may also terminate your membership at any
time, immediately and without notice, if we determine, in our sole discretion,
that your conduct is detrimental to our business or the MyBodySite.com
community. Termination of your membership will result in cancellation of all
rights of access and use granted to Members. MyBodySite.com reserves the right
to change, discontinue or suspend MyBodySite.com or any of the Services at any
time for any reason. Members may terminate their membership at any time by
sending their request to us, using the “Contact Us” button on any page of the
Site. MyBodySite.com shall be the sole determiner in cases of suspected abuse,
fraud, or breach of these TOS or the Community Guidelines. Any decision
MyBodySite.com makes relating to termination or suspension of any Member's
account shall be final and binding. MyBodySite.com may terminate any Member's
account at its sole discretion if a Member has been inactive for a period of
twelve (12) months. A Member will be defined as inactive if she has not logged
into the Site with her screen name and password, or contacted MyBodySite.com in
any other manner. In addition, if you have been inactive for three (3) months,
we may take down any photos that you have posted to your profile or anywhere
else on the Site.
Digital Millennium Copyright Act ("DMCA") Notice.
Materials may be made available via the Site and the
Services by third parties not within our control. We are under no obligation
to, and do not, scan content posted, however, we respect the copyright interests
of others. It is our policy not to permit materials known by us to infringe
another party's copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service
infringe a copyright, you should provide us with written notice that at a
minimum contains:
A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
Identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the
material 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 the
material;
Information reasonably
sufficient to permit 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;
A statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent,
or the law; and
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.
All DMCA notices should be sent to our designated agent as
follows:
MyBodySite.com Attention: Legal Department 112 N. Oak Street Suite 105 Lantana, FL 33462
Third Party Products and Services.
You may order services, merchandise or other products
through our Site from other parties (collectively, the "Third Party
Sellers"). All matters concerning the services, merchandise and other
products desired from the Third Party Sellers including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the Third Party Sellers. We make no
warranties or representations whatsoever with regard to any services,
merchandise or other products provided by the Third Party Sellers. You will not
consider us (and we will not be construed as) a party to such transaction,
whether or not we may have received some form of revenue or other remuneration
in connection with such transactions, and we will not be liable for any costs
or damages arising out of, either directly or indirectly, you or any other
person involved or related to the transactions.
MyBodySite, LLC Employees, Partners and Investors.
Our employees are dedicated to building the best social
networking site for men and women interested in fitness and providing you with
the tools that you need to have a great online experience. In connection with
their work, some of our employees are required to use the Site, including
creating a profile. Our advertisers, partners and investors may also use the
Site and the Services, including creating a profile, for business and
advertising purposes.
Miscellaneous.
These TOS are the entire agreement between you and
MyBodySite.com. They supersede any and all prior or contemporaneous agreements
between you and MyBodySite.com relating to your use of the Site or the
Services. If any part of these TOS is determined to be invalid or
unenforceable, it will not impact any other provision of these TOS, all of
which will remain in full force and effect. The failure of MyBodySite.com to
partially or fully exercise any rights or the waiver of MyBodySite.com of any
breach of these TOS by you, shall not prevent a subsequent exercise of such
right by MyBodySite.com or be deemed a waiver by MyBodySite.com of any
subsequent breach by you of the same or any other term of these TOS. The rights
and remedies of MyBodySite.com under these TOS and any other applicable
agreement between you and MyBodySite.com shall be cumulative, and the exercise
of any such right or remedy shall not limit MyBodySite.com's right to exercise
any other right or remedy.
These TOS are governed by, and will be interpreted in
accordance with, the laws of the State of Florida, without regard to any choice
of law provisions. You agree that, with the exception of injunctive relief
sought by MyBodySite.com for any violation of MyBodySite.com’s proprietary or
other rights, any and all disputes relating to these TOS, your use of the Site
or the Services shall be resolved by arbitration in accordance with the
then-current rules of the American Arbitration Association (the
"AAA") before an independent arbitrator designated by the AAA. The
location of arbitration shall be Palm Beach County, Florida, USA.
The MyBodySite.com website is owned and operated by
MyBodySite, LLC which also owns the MyBodySite.com trademark. Our principal
business offices are at 112 N. Oak Street, Suite 105, Lantana, FL 33462.
