FitNRG.com Terms of Use
Welcome to FitNRG.com, a fitness, health, and weight loss social network that allows you to track your workouts, diet and nutrition, body stats, blog, and connect you with other people who share similar goals and interests. The services offered by FitNRG.com and network ("FitNRG.com" or "we" or "Site"¯) are operated by FitNRG, INC. This Terms of Use sets forth the legally binding terms for your use of the FitNRG Services ("Services"). By accessing or using FitNRG.com services, you (the "User") agree that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of FitNRG.com.
We reserve the right to change, modify, add, or delete portions of these Terms of Use at any time without further notice. You agree to be bound to any changes to this Agreement when you use the FitNRG Services after any such modification is posted. If you do not agree to these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. You should regularly check the Site to determine if there have been changes to these Terms of Use and review such changes.
Please read this Agreement carefully. If you do not agree with it, you should leave the FitNRG Website and discontinue use of the FitNRG Services immediately. If you wish to become a Member, communicate with other Members and make use of the FitNRG Services, you must read this Agreement and indicate your acceptance during the Registration process. FitNRG.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the FitNRG Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility
Membership in the FitNRG Services is void where prohibited. FitNRG.com is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age. FitNRG reserves the right to refuse service to any individual.
Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and identification; (c) be fully responsible for all use of your account and for any actions that take place using your account.
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FitNRG.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Copyright Policy.
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, and other files, and their selection and arrangement (the "FitNRG Content"), are the proprietary property of the Company, with all rights reserved. No FitNRG Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
User Content Posted on the Site
FitNRG.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the FitNRG Services (collectively, "User Content"). After posting your User Content to the FitNRG Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through the FitNRG Services, you hereby grant to FitNRG.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the FitNRG Services. The license you grant to FitNRG.com is non-exclusive (meaning you are free to license your User Content to anyone else in addition to FitNRG.com), fully-paid and royalty-free (meaning that FitNRG.com is not required to pay you for the use on the FitNRG Services of the User Content that you post). This license will terminate at the time you remove your User Content from the FitNRG Services. The license does not grant FitNRG.com the right to sell your Content, nor does the license grant FitNRG.com the right to distribute your Content outside of the FitNRG Services.
1. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Members who repeatedly infringe the copyright of others will have their account terminated upon receipt of proper notification to FitNRG.com by the copyright owner.
2. You warrant that own the Content posted by you on or through the FitNRG Services, and that the posting of your Content on or through the FitNRG Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the FitNRG Services.
3. Except for Content posted by you complying with the terms set forth in this section, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the FitNRG Services.
4. You are solely responsible for the User Content that you post on or through any of the FitNRG Services, and any material or information that you transmit to other Members and for your interactions with other Users. FitNRG.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Copyright Complaints
We respect the intellectual property rights of others, and prohibit any posting, sharing, transmitting of any material on FitNRG.com that violates another party's intellectual property rights. If you believe that your work has been copied and posted on the FitNRG Services in a way that constitutes copyright infringement please provide the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the FitNRG Services; (c) your contact information; (d) a statement by you, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
When we receive proper notification of copyright infringement, we promptly remove the infringing material, and terminate the accounts of repeating infringing members in accordance with the Digital Millennium Copyright Act (DMCA).
Prohibited Content and User Conduct
FitNRG.com may delete any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FitNRG.com assumes no responsibility for monitoring the FitNRG Services for inappropriate Content or conduct, and no responsibility for the conduct of Users submitting any such Content. FitNRG.com reserves the right to investigate and take appropriate legal action against anyone who violates this provision including removing the offending content from FitNRG and terminating the account of the violating member. Prohibited content and activity includes but not limited to:
1. contains nudity, pornography
2. offensive, and promotes racism, bigotry, violence, or hatred of any kind against any group or individual
3. harassing of or advocating the harassment of another person
4. harvesting email addresses or other contact information of other users
5. posting any content that is harmful, false, misleading, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, fraudulent, invasive of privacy, hateful, and threatening
6. registering for more than one user account, or registering for a User account on behalf of another individual other than yourself
7. upload, post, or transmit software that contain software viruses
8. upload, post, or transmit private information of anyone including but not limited to phone numbers, email addresses, social security numbers, and credit card numbers
9. solicit personal information from anyone under 18
10. solicit passwords or other personal information
11. spam, transmission of junk mail, chain letters, pyramid schemes
12. impersonate any person or entity, or falsely state or misrepresent yourself
13. promote illegal or unauthorized copy of another person's copyrighted work including but not limited to pirated computer programs, pirated music, videos or links to pirated digital content
14. unauthorized advertising or solicitation of any User to buy or sell any products or services through FitNRG.com.
15. if you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the FitNRG, you acknowledge that you will have caused substantial harm to FitNRG.com, but that the amount of such harm would be extremely difficult to determine. As a reasonable estimation of such harm, you agree to pay FitNRG.com $50 for each such unsolicited email or other unsolicited communication you send through the FitNRG Services
16. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the FitNRG Services on behalf of that person
Non-commercial Use by Members
The FitNRG site is intended only for personal use by members, and may not be used in any commercial endeavors, unless specifically approved by FitNRG.com. Commercial advertisements, affiliate links, and other forms of advertising will be removed from member profiles without notice, and may result in termination of membership.
Privacy
We respect the privacy of our users. Use of the FitNRG Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers
FitNRG.com is not responsible or liable in any manner for any User Content, software or content posted on the Site whether caused by users of the Site, by FitNRG, or by any of the equipment or programming associated with or utilized in the FitNRG Services. Although we provide rules for proper user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the FitNRG site. We are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site. FitNRG is not responsible for the conduct of any users of the Site or Service online or offline. FitNRG is not responsible for the content, accuracy, or opinions expressed by the Users.
FitNRG is not responsible for links posted to other websites in User Profiles, and is not responsible for the content, accuracy or opinions expressed on such 3rd party websites. You access these 3rd party websites at your own risk. FitNRG takes no responsibility for 3rd party advertisements posted on the site, nor does it take any responsibility for the goods or services provided by its advertisers.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. FitNRG.com is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication and Content. We are not responsible for any technical malfunctions or other problems of any telephone network, computer systems, servers or provides, computers, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FitNRG Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the FitNRG Services. Under no circumstances will FitNRG be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, from any Content posted on or through the FitNRG Services, or from the conduct of any Users of the FitNRG Services, whether online or offline.
The FitNRG Service is provided "AS-IS"¯and as available, and FitNRG disclaims any and all representations and warranties, whether express or implied, any warranty of fitness for a particular purpose or non-infringement. FitNRG.com cannot guarantee and does not promise any specific results from use of the FitNRG Services. We do not warrant that software, content or materials on the site, or the service are accurate, complete, reliable, current or error free or that the Site or Service its servers are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials, data or software from or through the Service, and you do so at your own discretion and risk, and you will be solely responsible for your use thereof and any damages to your computer system, loss of data or other harm of any kind that may result.
Limitation on Liability
IN NO EVENT WILL FITNRG OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FITNRG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FITNRG.COM 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FITNRG.COM FOR THE FITNRG SERVICES DURING THE TERM OF MEMBERSHIP.
Indemnity
You agree to indemnify and hold FitNRG.com, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, damages, or demand, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the FitNRG Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the FitNRG Website or through the FitNRG Services causes FitNRG.com to be liable to another.
User Disputes
You are solely responsible for your interactions with other FitNRG.com Members. FitNRG.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Other
This agreement is accepted upon your use of the FitNRG Website or any of the FitNRG Services and is further affirmed by you becoming a Member, and constitutes the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Chat Forums
User conduct and behavior on the chat forums will be governed by the provisions set forth in the Agreement above. Due to the large number of posts made on these forums, it's impossible for us to review all messages to confirm the validity and nature of the information posted. While we do our best to moderate the boards, we are in no way responsible for the contents of any messages posted.
Any user who feels a posted message is objectionable should contact a mod and voice their objection. Forum Posting Rules and Code of Conduct:
1) You agree not to post any messages that are false, defamatory, rude, disrespectful, harmful, abusive, hateful, racist, prejudiced, sexist, harassing, obscene, profane, threatening, invasive of another user's privacy, or in any way violates any law.
2) Promotion / Advertising In Any Way is Prohibited, including but not limited to:
a. You agree not to post any type of advertising in any form.
b. You agree not to post any links to other bodybuilding, fitness, weight loss sites
c. Links are not allowed in signatures.
3) Zero Tolerance for Flaming - posting any type of hostile, rude, or threatening language toward another user is strictly prohibited. All Flames will be deleted, and the flamer will receive warning from our staff. Should the warned user continue to flame other members, they will be banned.
4) Pornographic Content is Prohibited - all discussions involving explicit sexual content is not allowed. Link to adult content is also not allowed.
5) You agree not to post any copyrighted material unless the copyright is owned by you or you have been given permission by the owner to post such material.
6) Thread hi-jacking is not allowed - all members must respect the rights of other members to post questions, comments, and the free flow of information. You agree to stay ON TOPIC in respect of the originator of the thread. Keep irrelevant subjects off the thread.
7) Respect for all Staff and Members - You will not post any defamatory, slandering, obscene, or objectionable messages toward any member or moderator. Any personal attacks, rude remarks, or threats will not be tolerated.
8) Asking for "sources" to any illegal substance is strictly prohibited
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
