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| Terms of Service |
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| Written by Administrator | |
Terms of ServiceUpdated February 1, 2008 ARTICLE I: User Terms 1. General Terms of Service and Guidelines; Acceptance MuscleMagFitness.com (MMF) welcomes you. These Terms of Service ("TOS") apply to web sites and interactive services owned or operated by MMF and its subsidiaries which include, but are not limited to, MuscleMagFitness.com, MuscleMagFitness.com and Jeffbehar.com (individually the "Service"; together the "Services"). The TOS applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). Certain additional terms apply to paying subscribers which are set forth in Article II below. By visiting or using the Services you are agreeing to abide by the TOS.
MMF may change the TOS at any time and the changes will become
effective 15 days after posting the revised TOS (the "Effective
Date"). You can review the most current version of the TOS at any time at
http://corp.MMF.com/user-agreement.html. You are responsible for checking
periodically for changes and your continued use of the MMF Services after the
Effective Date indicates your acceptance of the new TOS.
Additional operating guidelines ("Guidelines") may be
posted from time to time on a particular Service that will also apply to use of
such Service, and such Guidelines are incorporated by reference into the TOS.
MMF may also offer certain Services (e.g. Direct2Drive.com) that are governed
by different terms of service and such different terms of service will be
posted and govern the use of such Service.
2. General Rules
For the benefit of the entire MMF community, and to comply with
applicable laws, we have certain general rules, which MMF will construe in its
sole discretion. Because violation of these rules may be grounds for immediate
termination of your right to use the Services or other actions by MMF, you
should carefully read and follow them.
A. Provide Accurate Information. You agree to provide true,
accurate, current and complete information about yourself as requested in the
Services registration forms (the "Registration Data"). You agree to
update the Registration Data to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process,
you will receive an account and select a password. You are responsible for
maintaining the confidentiality of your password and account, and you are fully
responsible for all activities that occur under your password or account. In
the event of any unauthorized use of your password or account or any other
breach of security, you must notify MMF immediately and promptly change your
password. Please visit the Support Center (http://support.MMF.com) for
instructions on how to change your password or to contact MMF.
C. Obey the Law. You agree not to use the Services for illegal
purposes or for the transmission of material that is unlawful, harassing,
libelous (e.g., untrue and damaging to others), invasive of another's privacy,
abusive, threatening, or obscene, or that infringes the copyright (e.g., rights
of an owner or authorized user of material) or other intellectual property
rights of others.
D. Permitted Use of Content. The content included in the Services,
including all Web site design, text, graphics, photos, audio, video, the
selection and arrangement thereof, and all software that are part of the
Services (collectively, the "Content") is owned or licensed by MMF
and/or its licensors. All Content is made available to you for your personal,
non-commercial use and may be stored on a computer only for such use. The
Content is protected by copyright, trademark, service mark, patent and other
proprietary rights and laws. Publication, sale, redistribution in any form or
medium, as well as modification or use of the Content, except as expressly
permitted, is prohibited without the prior written permission of MMF.
E. Limits on Use of the Services. You agree not engage in any of
the following: (i) use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or
transfer any part of the Services or the Registration Data or other data of any
User (whether individually or in the aggregate); (ii) probe, scan or test the
vulnerability of the Services, or breach the security or authentication
measures on the Services; (iii) reverse look-up, trace or seek to trace any
information on any other User of the Services, including any MMF account not
owned by you, to its source, or exploit the Services in any way where the
purpose is to reveal any information, including but not limited to personal
identification or information, other than your own information as provided for
by the Services; (iv) take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Services; (v) use any device, software
or routine to interfere or attempt to interfere with the proper working or
authorized uses of the Services or with any other person's use of the Services;
(vi) forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message transmittal you send on or through the Services; and
(vii) impersonate any other individual or entity or misrepresent your identity
or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using and/or registering for the
community boards, user pages, Blogs (the "MMF Blogs"), forums or
other tools or applications for communicating, posting, or creating User
Content (collectively the "User Tools"), you agree to use the User
Tools only to post User Content that is proper and related to the particular
forum. By way of example, and not as a limitation, you agree that when using
the User Tools, you will not:
If you choose to use language, such as a user name or game name
that, in MMF’s sole discretion, is obscene, indecent, offensive, or abusive or
that might otherwise be objectionable or inappropriate, we reserve the right
without prior notice to you to delete or change the offending language
including your user name or game name.
2) User Tools. MMF and its affiliates reserve the right to
terminate your access without refund to any or all of the User Tools at any
time without notice for any reason whatsoever.
3) Monitoring. MMF and its affiliates have no obligation to
pre-screen or monitor the User Tools or the content Posted on or through any
User Tools. However, MMF and its affiliates reserve the right at all times to
edit or remove any content or communications, in whole or in part, in MMF 's or
any of its affiliates' sole discretion and to disclose any information or take
any action as necessary to satisfy any applicable law, regulation, legal
process or governmental request.
4) Usage. Content or communications posted using the User Tools
are generally public, not private, communications and others may read your
communications without your knowledge or consent. You should not have any
expectation of privacy relative to your communications through the User Tools.
Always use caution when posting personal information especially when posting
information that could personally identify you. Your posting of any User
Content through the User Tools is done at your own risk. MMF is not responsible
for its theft, copying or placement of that User Content on other media or
networks. MMF and its affiliates do not control or endorse the content,
messages or information found in any community and, therefore, MMF and its
affiliates specifically disclaim any liability with regard to the User Tools
and the content therein and any actions resulting from your participation or
the participation of others using the User Tools. Community managers and hosts
are not authorized spokespersons of MMF or any of its affiliates, and their
views do not necessarily reflect those of MMF and its affiliates. Community
managers and hosts do, however, set standards on their own community areas. By
posting User Content through the User Tools you grant MMF certain rights as described
in Section 4A below.
G. Downloads
Any material or third party software downloaded through or for the
use of the Services is done at your own discretion and risk, and MMF will not
be responsible in any way for any damage to your computer system or loss of
data that results from the download of any such material. No advice or
information, whether oral or written, obtained by you from the Services or our
third party service providers will create any warranty not expressly stated.
3. MMF Services
A. Service Limitations. We work hard to make your experience
enjoyable. However, we cannot always anticipate technical or other operational
difficulties, which may result in loss of data, personalization settings or
other service interruptions. For this reason, you agree that the Services,
including the services of our third-party service providers, are provided
"AS IS" and "AS AVAILABLE". Neither MMF nor our third-party
service providers assume responsibility for the timeliness, deletion,
misdelivery or failure to store any data, communications or personalization
settings. Please refer to Section 6 below for full details.
B. Privacy Policy. MMF respects your privacy and has developed a
detailed Privacy Policy that is incorporated into the TOS. Please take the time
to read our Privacy Policy, which is available at
http://MuscleMagFitness.com/privacy.html. As a User of the Services, you are
accepting the terms of our Privacy Policy.
C. Service Changes and Discontinuation. Our Services provide you
with access to a rich collection of online resources, including various
communication tools, online forums, personalized content and branded
programming. Some Services are presently provided free of charge and others
require payment. MMF reserves the right to change or to discontinue temporarily
or permanently the Services at any time without notice. You agree that MMF will
not be liable to you or any third party for any modification or discontinuance
of the Services.
D. Third Party Sites; Advertisers. The Services may provide you
with opportunities links or other opportunities to use certain sites, services,
products, applications or content offered by or through MMF’s third-party
providers, including but not limited to advertisers, content and ecommerce
providers (collectively "Third-Party Services"). Your use of any
Third-Party Services is subject to any terms of service or conditions of use
associated with the Third-Party Services. MMF does not control Third-Party
Services and is not responsible for any Third-Party Services or for the
contents thereof, including, without limitation, any links that may be
contained in or accessible through Third-Party Services. MMF does not endorse
any Third-Party Services or any products, content or communications linked to
or accessible from the Services. You agree you are wholly responsible for
making your own independent judgment regarding your user or interaction with
Third-Party Services.
E. Posting User Content; No Endorsement of User Content. You are
solely responsible for all User Content (as defined in the next sentence) that
you upload, post, email, transmit or otherwise make available on or through the
Services (collectively, "Post"). "User Content" means
User-Posted content or information of any type or medium, including but not
limited to: letters, emails or other messages; other forms of communication
through the Services; personal user information; board posts; reader reviews;
Blogs, data, notes and testimonials; forum content; poll votes; images; audio
or video files; and software. You may Post only User Content, which you own,
have created or which you have clear permission to Post. You acknowledge and
agree that MMF does not endorse any User Content and is not responsible or
liable for any User Content, even though it may be unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable, or may infringe upon the intellectual property or
other rights of another. You acknowledge that MMF does not pre-screen User Content,
and has no obligation to do so, but that MMF and its designees will have the
right (but not the obligation) in their sole discretion to refuse, edit, move
or remove any User Content that is posted on or through the Service.
4. Rights You Grant to MMF.
A. User Content. By submitting any User Content through or to the
Services, including on any User Tools or User Pages, but excluding any User
Content you submit on MMF Blogs, you hereby irrevocably grant to MMF, its
affiliates and distributors, a worldwide, royalty-free, non-exclusive, and
fully sub-licensable license, to use, reproduce, modify, adapt, translate,
publicly perform, publicly display, create derivative works from, transfer,
transmit and distribute on the Services, in connection with promotion or
elsewhere, such User Content (in whole or in part) and to incorporate the User
Content into other works in any format or medium now known or later developed.
Notwithstanding the foregoing, when you submit a game FAQ, text guide,
walkthrough or image, MMF may modify the format and display of such User
Content, but not the content. MMF will take reasonable precautions to help you
to keep your email and voicemail messages private. The foregoing grants shall
include the right to exploit any proprietary rights in such User Content,
including but not limited to rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction. With respect to User Content you
post for inclusion on publicly accessible areas of MMF Blogs, Forums and
Article submissions you grant MMF the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such User Content on the
Services or on any media. You agree that the foregoing grant of rights by you
to MMF and its affiliates is provided without any the entitlement of payment of
fees or consideration.
B. Account Access. In order to ensure that MMF is able to provide
high-quality services that are responsive to Users' needs, you agree that MMF
representatives will have access to your account and records as reasonably
needed to investigate complaints. You are responsible for providing all
personal computer and communications equipment necessary to gain access to the
Service.
5. Children and Mature Content
The Services are not directed to children under the age of 13. MMF
will not knowingly collect personally identifiable information on or through
the Services from anyone under 13. Please be aware that certain areas on the
Services contain mature content and there may be posted specific age
restrictions to access and view such areas. You may be exposed to Content on
the Services that you find offensive, indecent or objectionable. By using the
Services you assume all risk associated with its use. We encourage parents to supervise
their children's use of the Services and maintain open communication regarding
appropriate materials for use and viewing by their children. Note to Parents.
If you have any concerns about the Services, please contact us via our online
form available at http://MuscleMagFitness.com/contact.html
6. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MMF, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
(COLLECTIVELY, THE "MMF PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
THE MMF PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET
YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR
INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS
WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM ANY MMF PARTY, OR THROUGH OR FROM THE SERVICES
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR
PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS
AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR
INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE MMF PARTIES WILL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part
of this section is not consistent with any other part of the TOS, then this
Disclaimer of Warranties will override it.
7. LIMITATION OF LIABILITY.
YOU AGREE THAT THE MMF PARTIES WILL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF THE MMF PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE
THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER
RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS
AGREEMENT, ANY MMF PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS
WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES,
LIABILITY OF THE MMF PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE
TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR
FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL
CLAIM MADE AGAINST MMF, OR (II) US$100.00.
8. INDEMNIFICATION.
You agree to protect and fully compensate the MMF Parties from any
and all third-party claims, liability, damages, expenses and costs (including,
but not limited to, reasonable attorneys' fees) arising from your use of the
Services, or violation of the TOS by you or any other user of your account
(whether or not authorized).
9. COPYRIGHT INFRINGEMENT.
If you believe that content you own has been used on the Services
in a way that violates your copyright or other intellectual property rights,
please provide MMF’s Copyright Agent the
following information:
MMF’s Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email:
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10. NOTICES
MMF may give you notice of certain events from time to time and
may be required by state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective upon our posting
them on our Services or delivering them to you through email if you have
provided MMF with your accurate email address. Direct questions or notices to MMF as follows:
Email:
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11. MISCELLANEOUS.
MMF’s rights under the TOS
may not be waived unless MMF agrees to such change in writing. The TOS and your
account on the Services are personal to you and may not be transferred or
assigned. The TOS is governed by U.S. Federal law and the laws of the State of
California, U.S.A., without regard to its conflicts of law provisions; and you
hereby consent to the exclusive jurisdiction of and venue in the federal and
state courts located in San Francisco County, California, U.S.A. in all
disputes arising out of or relating to the Services. Use of the Services is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this Section. MMF’s
performance of the TOS is subject to existing laws and legal process, and
nothing contained in the TOS is in derogation of our right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Services or information provided to or gathered by MMF with
respect to such use. If any part of the TOS is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the TOS shall continue in effect. The TOS,
together with any additional terms and conditions or policies referred to and
incorporated herein (including additional terms applicable to various parts of
the Services and the Privacy Policy), constitutes the entire understanding
between you and MMF regarding the Services. A printed version of the TOS and
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to the TOS to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. The parties have agreed
that the TOS shall be written in English.
ARTICLE II.
Subscription Terms of Service
Certain Services provided by MMF require registration and payment
(such Services are referred to as the "Premium Services"). The terms
and conditions contained in this Article II (the "Subscriber TOS")
apply to each subscriber to a Premium Service, including but not limited to
Gold Newsletter, Personal Training Services/Consultation and MMF Dating. THE
SUBSCRIBER TOS IS IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE TOS,
AND THE TOS IN ITS ENTIRETY APPLIES TO EACH SUBSCRIBER. PLEASE READ THE TOS,
INCLUDING THE SUBSCRIBER TOS, CAREFULLY PRIOR TO COMPLETING YOUR REGISTRATION
FOR A PREMIUM SERVICE. BY REGISTERING FOR THE PREMIUM SERVICE, YOU ARE CONSENTING
TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SUBSCRIBER TOS
AS WELL AS ALL OTHER PROVISIONS OF THE TOS. IF YOU DO NOT ACCEPT AND AGREE TO
ALL THE TERMS AND CONDITIONS OF THE TOS (INCLUDING THE SUBSCRIBER TOS), YOU
MUST DISCONTINUE THE REGISTRATION PROCESS.
For questions about your MMF subscription, please visit our FAQ at
http://MuscleMagFitness.com/subscriptions.html
All questions that cannot be answered via the FAQ should be sent
using our online form, available at http://MuscleMagFitness.com/contact.html.
Please include your name and username in all correspondence.
1. Payment Obligation and Credit Card Authorization. You are
responsible for paying any and all charges relating to your Premium Service
account, including without limitation, periodic subscription fees (the initial
fee and automatic renewals). You grant MMF permission to charge your credit
card (or other approved facility) to pay for all such charges. The subscription
fee will be billed at the beginning of your subscription and on each annual,
quarterly or monthly renewal thereafter, dependant on the original subscription
term selected at registration, unless you cancel at least 10 days prior to the
renewal date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription. You grant MMF
permission to automatically renew your subscription and charge your account up
to five (5) days prior to the day on which your subscription is scheduled to
end. However, you may "opt out" of this automatic renewal by visiting
The Support Center (http://support.MMF.com) and canceling on your own or by
using our online form to notify MMF. MMF will cancel your account upon receipt
of such notification from you. All fees, charges and sales are final. Once
charged to your credit card, the payments are nonrefundable, except in cases of
demonstrated fraud, which will be determined at MMF’s sole discretion. You acknowledge that
canceling your subscription will not immediately terminate access to the
Premium Services. Your subscription will remain open until the paid period
expires. You acknowledge and agree that the authorization to charge your credit
card or other payment mechanism for the Premium Services shall automatically
transfer to any successors or assignees of the Premium Service for
substantially similar services at the same website. You may not assign or
transfer your subscription to any other person or entity. You must be at least
18 years old (or have the permission of a credit card holder who is) to
subscribe for Premium Services.
Payment must be made by a major credit card accepted by MMF,
check, PayPal, or money order (U.S. dollars only). If MMF does not receive
payment from the credit card issuer or its agent, you agree to pay all amounts
due upon our demand. Your card issuer agreement governs your use of your
designated card in connection with the Premium Service, and you must refer to
that agreement and not the TOS to determine your rights and liabilities as a
cardholder. YOU, AND NOT MMF, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO
YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
MMF RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND
BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE
CHARGES FOR CONTENT, OR SERVICES PROVIDED BY MMF, EFFECTIVE THIRTY (30) DAYS
AFTER AN ONLINE POSTING AT MMF. MMF MAY ADDITIONALLY PROVIDE NOTICE OF BILLING
CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel
your Subscription Service by contacting MMF thru
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.
However, canceling will not immediately terminate access to your Premium Service
account and MMF will not refund the remaining portion of your subscription. The
subscription will remain open until the paid period expires. YOUR CONTINUED USE
OF THE PREMIUM SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES
AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. MMF IS NOT
RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION IN WRITING BY EMAIL OR
THROUGH THE WEB SITE. YOU AGREE AND ACKNOWLEDGE THAT MMF SHALL NOT BE
REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT
SUBMITTED TO MMF THROUGH THE SUPPORT CENTER WITHIN 60 DAYS OF SUCH OCCURANCE OR
LACK THEREOF.
There shall be no refunds, except in demonstrated cases of credit
card fraud (as determined by MMF at its sole discretion) or under the terms
agreed to when purchasing a product or service as agreed to during the payment
process. You understand and agree that as a result of processing a refund MMF
incurs certain administrative costs, and that the fees below are a fair and
accurate assessment of those costs. Should a refund be permitted, all refunds
(except those due to demonstrated instances of credit card fraud) are subject
to a "restocking" fee (which also applies to digital products),
currently as follows: * Subscriptions: $5 per charge refunded
* Digital Retail: 10% of
the purchase price
3. Termination of Your Subscription. You acknowledge that MMF, in
its sole discretion, may terminate your ID, password, account (or any part
thereof) or use of the Premium Service for a variety of reasons, including,
without limitation, if MMF believes that you have violated or acted
inconsistently with the letter or spirit of the TOS or any other agreement
referred to in the TOS. MMF may also, in its sole discretion, at any time discontinue
providing the Premium Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Premium Service under any
provision of the TOS may be effected without prior notice, and acknowledge and
agree that MMF may immediately deactivate or delete your account and/or bar any
further access to the Premium Service. If your account is terminated by MMF, it
will not be automatically renewed and access will be terminated, without
refund. Further, you agree that MMF shall not be liable to you or any
third-party for termination of your access to the Premium Service. YOU AGREE
AND ACKNOWLEDGE THAT MMF SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR
ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Trial Memberships. MMF occasionally offers promotional trial
memberships to its Premium Services at special discounted prices. If you sign
up for a trial membership, you will be automatically renewed at the normal
subscription rate for the Premium Service at the end of the trial period,
unless you cancel at least 24 hours before the end of the trial. You must
cancel prior to the end of your trial to avoid charges to your credit card. We
will continue to bill your credit card for the Premium Service at the standard
Premium Service rate and renewal term thereafter, dependant on the original
subscription term selected at registration, until you cancel. For information
about canceling your subscription, please visit our FAQ at http://MuscleMagFitness.com/subscriptions.html
5. Subscriber Information. You agree to provide and maintain true,
accurate, current and complete information about yourself as prompted by the
Premium Service registration process. You must promptly inform MMF of any of
the following: changes in the expiration date of any credit card used in
connection with the Premium Service; changes in home or billing address; and
apparent breaches of security, such as loss, theft, or unauthorized disclosure
or use of an ID or password. You agree to notify MMF immediately upon learning
of any potential breach of your Premium Service account. 6. Use Restriction. The material on the Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. MMF spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Services, without express written permission from MMF. You agree that if you do so, MMF reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law. |
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