Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on FitnessGoals.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on FitnessGoals .com’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by FitnessGoals.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on FitnessGoals.com’s web site are provided “as is.” FitnessGoals.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FitnessGoals.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall FitnessGoals.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on FitnessGoals.com’s Internet site, even if FitnessGoals.com or a FitnessGoals.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata
The materials appearing on FitnessGoals.com’s web site could include technical, typographical, or photographic errors. FitnessGoals.com does not warrant that any of the materials on its web site are accurate, complete, or current. FitnessGoals.com may make changes to the materials contained on its web site at any time without notice. FitnessGoals.com does not, however, make any commitment to update the materials.
FitnessGoals.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FitnessGoals.com of the site. Use of any such linked web site is at the user’s own risk.
- Governing Law
Any claim relating to FitnessGoals.com’s web site shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
User Contributed Content
Content/Neutral Host. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other FitnessGoals offerings. FitnessGoals does not control the User Submitted Content provided by other Users and/or Content provided by certain third party content providers (“Third-Party Providers”) that is made available by and through the FitnessGoals offerings. Such Users and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such User Submitted Content and/or other Content, as applicable. The Content should not necessarily be relied upon. FitnessGoals does not represent or warrant that the Content and other information posted by and through the FitnessGoals offerings is accurate, complete, up-to-date or appropriate. FitnessGoals operates the Site and other FitnessGoals offerings as a neutral host. You understand and agree that FitnessGoals will not be responsible for, and FitnessGoals undertakes no responsibility to monitor or otherwise police, Content. You agree that FitnessGoals shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
User Submitted Content. As permitted by FitnessGoals, Users can submit to FitnessGoals, for publication on the Site, User Submitted Content: (a) comprising and/or containing material produced by third parties from which User has obtained all right, title and interest necessary to make same available by and through the FitnessGoals offerings and grant the assignment of rights to FitnessGoals contained herein (“Properly Licensed Content”); (b) depicting themselves; and/or (c) depicting those individuals that have provided their express consent to appear in same and allow the User to make same available by and through the Site, as subject to the assignment of rights to FitnessGoals contained herein (“Authorized Individuals”). All User Submitted Content must comply with all of the standards, conditions, restrictions and requirements set forth herein including, without limitation, in Section 7 below. You may not use any third party’s name, photographic depiction or other identifying information in any User Submitted Content (other than that associated with Authorized Individuals, or individuals that you would have the right to reference under applicable law). FitnessGoals may reject your User Submitted Content and/or remove your User Submitted Content at any time and for any reason, in its sole discretion, including any User Submitted Content that FitnessGoals believes, in its sole and reasonable discretion, is fraudulent, does not depict the applicable User, is posted without the permission of the applicable copyright holder, does not comply with the Agreement or is otherwise objectionable, improper or invalid.
(i) Users must ensure that the User Submitted Content: (A) only depicts the User him/herself, Authorized Individuals and no other party other than those appearing in the Properly Licensed Content (collectively, the “Depicted Parties”); (B) complies with any and all applicable laws, rules and regulations; (ii) does not infringe upon any third party’s intellectual property rights; and (C) complies with all other requirements set forth in the Agreement, and otherwise established by FitnessGoals from time to time.
(ii) Each User represents and warrants that she/he has all right, title and interest in and to her/his User Submitted Content as necessary to grant FitnessGoals the right to display same on the Site and/or in any and all other forms of media whether now known or later devised in perpetuity without compensation, and to grant the other rights and licenses to FitnessGoals as set forth herein.
(iii) By submitting User Submitted Content to the Site, each User irrevocably assigns to FitnessGoals the exclusive, perpetual and royalty-free right throughout the world to: (A) film, tape, illustrate and photograph the Depicted Parties’ images, record, broadcast and transmit the Depicted Parties’ voices, conversations and sounds, including any performance by any means now or later devised, and otherwise exploit the User Submitted Content on the Site and in any form of media whether now known or later devised; and (B) copyright, use and reuse, publish and republish, publicly display, reproduce, copy, modify, create derivative works from, in whole or in part, in any medium, the User Submitted Content as well as that User’s name, pictures, voice and likeness, for any and non-commercial purposes, or otherwise including, but not limited to, in connection with the promotion of FitnessGoals, the FitnessGoals offerings or any part thereof.
You understand and agree that FitnessGoals is not responsible or liable in any manner whatsoever for you inability to submit User Submitted Content and/or for FitnessGoals’ refusal to post the User Submitted Content that you submitted to the Site. FitnessGoals shall not be liable to any Member, User or third party for any claim in connection with any of the User Submitted Content.
Please be advised that the User Submitted Content is made available by applicable Users and not FitnessGoals. The Users are solely responsible for the content, accuracy, completeness, appropriateness and/or validity of the User Submitted Content, and the legality associated with its dissemination via the Site and/or other media. FitnessGoals does not represent or warrant that the User Submitted Content is accurate, complete or appropriate, or that such User Submitted Content was produced in compliance with applicable laws, rules and/or regulations. Users and/or other third parties may find certain User Submitted Content to be offensive, harmful, hateful, discriminatory, harassing, threatening and/or inaccurate. Users and/or other third parties understand and agree that FitnessGoals will not be responsible for, and FitnessGoals undertakes no responsibility to monitor or otherwise police, such User Submitted Content. Users and/or other third parties agree that FitnessGoals shall have no obligation and incur no liability to Users and/or other third parties in connection with any such User Submitted Content.