Fitness Galore is a fitness website that provides valuable fitness-related information for the modern fitness guru. The services offered by Fitness Galore (“Fitness Galore” or “we”) include the Fitness Galore websites located at fitnessgalore.net or any sub domain of fitnessgalore.net (the “Fitness Galore Website”), and any other feature, content or applications offered from time to time by Fitness Galore in connection with the Fitness Galore Website whether accessed directly or through our application for mobile devices (collectively, the “Fitness Galore Services”). The Fitness Galore Services are hosted in the United States.
Fitness Galore may modify this Agreement from time to time and each modification will be effective when it is posted on the Fitness Galore Website. You agree to be bound to any changes to this Agreement through your continued use of the Fitness Galore Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO , SUBMIT TO OR EMBED ON THE FITNESS GALORE SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE FITNESS GALORE SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
1. Eligibility. Use of the Fitness Galore Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Fitness Galore Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Fitness Galore Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Term. This Agreement shall remain in full force and effect while you use the Fitness Galore Services or are a User. Fitness Galore may terminate your use of the Fitness Galore Website or the Fitness Galore Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
3. Non-commercial Use by Members.The Fitness Galore Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Fitness Galore. Illegal and/or unauthorized use of the Fitness Galore Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Fitness Galore Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Fitness Galore Services
4. User Content.
Fitness Galore does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the Fitness Galore Services. You represent and warrant that you own the User Content posted by you on or through the Fitness Galore Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Fitness Galore the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property 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 User Content posted by you to or through the Fitness Galore Services.
After posting, uploading or embedding User Content to the Fitness Galore Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Fitness Galore Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the Fitness Galore Services, you hereby grant to Fitness Galore a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the Fitness Galore Services on in any Fitness Galore publication will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to Fitness Galore, you agree to allow other Users of the Fitness Galore Website and Fitness Galore Services to add your User Content to their Fitness Galore Inspiration Board(s) and post these Inspiration Board(s) on other websites provided that such use is for non-commercial purposes only.
Without this license, Fitness Galore would be unable to provide the Fitness Galore Services or its publications. For example, the license you grant to Fitness Galore is non-exclusive (meaning you are free to license your Content to anyone else in addition to Fitness Galore), fully-paid and royalty-free (meaning that Fitness Galore is not required to pay you for the use of the User Content that you post), sublicensable (so that Fitness Galore is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Fitness Galore Services), and worldwide (because the Internet and the Fitness Galore Services are global in reach).
We Have All Rights In Our Website and Content; You Grant Us Certain Rights When You Submit Content to Us: (a) Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website.
(b) By posting or submitting content on or to Our Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on Our Website and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
This license will terminate at the time you remove your User Content from the Fitness Galore Services except as to any User Content that Fitness Galore has sublicensed prior to your removal of your User Content from the Fitness Galore Services, which license shall continue in perpetuity.. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Fitness Galore Website. We will remove the item(s) as quickly as possible.
The Fitness Galore Services contain Content owned by Fitness Galore (“Fitness Galore Content”). Fitness Galore Content is protected by copyright, trademark, patent, trade secret and other laws, and Fitness Galore owns and retains all rights in the Fitness Galore Content and the Fitness Galore Services. Fitness Galore hereby grants you a limited, revocable, non-sublicensable license to view the Fitness Galore Content (excluding any software code) solely for your personal use in connection with viewing the Fitness Galore Website and using the Fitness Galore Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Fitness Galore Content appearing on or through the Fitness Galore Services.
The Fitness Galore Services contain Content of other Users and other Fitness Galore licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Fitness Galore Website and using the Fitness Galore Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Fitness Galore Services.
5. Content Uploaded, Submitted, Embedded.
Please choose carefully the User Content that you upload to, submit to, or embed on the Fitness Galore Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the Fitness Galore Services or include in your Fitness Galore dashboard(s) any User Content that violates this Agreement or that is contrary to the purposes of the Fitness Galore Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the Fitness Galore Services or include in your Fitness Galore dashboard(s) any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
Fitness Galore does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the Fitness Galore Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Fitness Galore Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Fitness Galore assumes no responsibility or liability for this material. Fitness Galore makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via the Fitness Galore Services. If you become aware of any inappropriate User Content on the Fitness Galore Services or any misuse of the Fitness Galore Services by any person, please contact Fitness Galore at firstname.lastname@example.org.
Fitness Galore reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the Fitness Galore Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
6. Prohibited Content.Fitness Galore reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Fitness Galore Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Fitness Galore deems to be inappropriate:
Content that criticizes a business or individual beyond that of merely offering an opinion;
Content that harasses or advocates harassment of another person;
Content that exploits people in a sexual or violent manner;
Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Content that includes racially, ethically, or otherwise objectionable language;
Content that is libelous, defamatory, or otherwise tortious language;
Content that solicits personal information from anyone under 18;
Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
Content that includes a photograph of another person that you have posted without that person’s consent.
Fitness Galore’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Fitness Galore expressly reserves the right to investigate and take appropriate legal action against anyone who, in Fitness Galore’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
7. Prohibited Activity. You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Fitness Galore Services:
copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Fitness Galore Content appearing on or through the Fitness Galore Services;
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
covering or obscuring the banner advertisements on your personal profile page, or any Fitness Galore page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Fitness Galore Services or the networks or services connected to the Fitness Galore Services;
attempting to impersonate another User, person, or representative of Fitness Galore;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile, without our permission;
using any information obtained from the Fitness Galore Services in order to harass, abuse, or harm another person;
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 Fitness Galore Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
using the Fitness Galore Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Fitness Galore or others (including without limitation Third Party Content or Fitness Galore Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Fitness Galore Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Fitness Galore Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Fitness Galore’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Fitness Galore, LLC, 231 Boston Post Rd., Wayland, MA 01778; and email: email@example.com.
9. User Disputes. You are solely responsible for your interactions with other Fitness Galore Users. Fitness Galore reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
11. Promotions and Giveaways. From time to time, Fitness Galore will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Fitness Galore encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, Fitness Galore is not responsible for any incorrect or inaccurate Content posted on the Fitness Galore Website or in connection with the Fitness Galore Services. User Content created and posted on the Fitness Galore Website may contain links to other websites. Fitness Galore is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Fitness Galore. Inclusion of any linked website on the Fitness Galore Services does not imply approval or endorsement of the linked website by Fitness Galore. When you access these third-party sites, you do so at your own risk. Fitness Galore takes no responsibility for third party advertisements which are posted on this Fitness Galore Website or through the Fitness Galore Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fitness Galore is not responsible for the conduct, whether online or offline, of any User of the Fitness Galore Services. Fitness Galore assumes no responsibility 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 communication or any Content. Fitness Galore is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Fitness Galore 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 Fitness Galore Services. Under no circumstances shall Fitness Galore be responsible for any loss or damage, including personal injury or death, resulting from use of the Fitness Galore Services, attendance at a Fitness Galore event, from any Content posted on or through the Fitness Galore Services, or from the conduct of any Users of the Fitness Galore Services, whether online or offline. Fitness Galore cannot guarantee and does not promise any specific results from use of the Fitness Galore Services.
13. Liability. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Site Terms or Any Breach by You of Your Representations and Warranties. You agree to indemnify and hold harmless Fitnessgalore.net and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 13. In such event, you shall provide us with such cooperation as is reasonably requested by us.Limitation of Liability. IN NO EVENT SHALL FITNESS GALORE OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF FITNESS GALORE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FITNESS GALORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FITNESS GALORE’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, PAID BY YOU TO FITNESS GALORE FOR THE FITNESS GALORE SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FITNESS GALORE SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
14. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
15. Disputes; Choice of Law; Venue. If there is any dispute about or involving the Fitness Galore Services, you agree that the dispute shall be governed by the laws of the state of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts, City of Boston. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
17. Other. This Agreement is accepted upon your use of the Fitness Galore Website or any of the Fitness Galore Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Fitness Galore regarding the use of the Fitness Galore Services. The failure of Fitness Galore to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Fitness Galore is in progress of trademark. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
18. Waiver and Severability of Terms. The failure of Fitness Galore to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
19. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
Last Updated: February 21, 2014