- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Muscle Max or otherwise.
- General Terms.
- Automatic Renewal.
- Fees; Payment. By signing up for a Services account you agree to pay Muscle Max the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Muscle Max reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Muscle Max.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Muscle Max to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free musclemax.com services. All support will be provided in accordance with Muscle Max standard services practices, procedures and policies.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Muscle Max, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your musclemax.com Account and Site.
If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Muscle Max may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Muscle Max liability. You must immediately notify Muscle Max of any unauthorized uses of your blog, your account or any other breaches of security. Muscle Max will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Muscle Max for inclusion on your Website, you grant Muscle Max a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Muscle Max will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Muscle Max has the right (though not the obligation) to, in Muscle Max sole discretion (i) refuse or remove any content that, in Muscle Max reasonable opinion, violates any Muscle Max policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Muscle Max sole discretion. Muscle Max will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
By selecting a product or service, you agree to pay Muscle Max the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify Muscle Max before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Muscle Max in writing.
5. Responsibility of Website Visitors.
Muscle Max has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Muscle Max does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Muscle Max disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which musclemax.com links, and that link to musclemax.com. Muscle Max does not have any control over those non-Muscle Max websites and webpages, and is not responsible for their contents or their use. By linking to a non-Muscle Max website or webpage, Muscle Max does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Muscle Max disclaims any responsibility for any harm resulting from your use of non-Muscle Max websites and webpages.
7. Copyright Infringement and DMCA Policy
As Muscle Max asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by musclemax.com violates your copyright, you are encouraged to notify Muscle Max in accordance with Muscle Max Digital Millennium Copyright Act ("DMCA") Policy. Muscle Max will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Muscle Max will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Muscle Max or others. In the case of such termination, Muscle Max will have no obligation to provide a refund of any amounts previously paid to Muscle Max.
8. Intellectual Property
This Agreement does not transfer from Muscle Max to you any Muscle Max or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Muscle Max. Muscle Max, musclemax.com, the musclemax.com logo, and all other trademarks, service marks, graphics and logos used in connection with musclemax.com, or the Website are trademarks or registered trademarks of Muscle Max or Muscle Max licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Muscle Max or third-party trademarks.
Muscle Max reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
General Representation and Warranty