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HYPEMUSCLE.com User Agreement
In order to use HypeMuscle.com, you must register as a member of the website ("Member") and agree to be bound by these Terms of Use ("Agreement"). If you wish to become a Member and communicate with other Members and make use of the HypeMuscle.com service ("Service"), read these Terms of Use and follow the instructions in the Registration process. This Agreement sets out the legally binding terms for your membership. This Agreement may be modified by HypeMuscle.com from time to time, effective upon notice to you as a Member.
1. Eligibility.
You must be at least 18 or over to register as a member of HypeMuscle.com or use this website. Membership in the Service is void where prohibited. By using this website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term.
This Agreement will remain in full force and effect while you use the website and/or are a Member of HypeMuscle.com. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in My Account, or upon receipt by HypeMuscle.com of your written or email notice of termination or by messaging the 'Admin' account. HypeMuscle.com may terminate your access to the website. HypeMuscle.com may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to HypeMuscle.com.
3. Non Commercial Use by Members.
The HypeMuscle.com website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members of HypeMuscle.com and should not use the HypeMuscle.com Service or website for any purpose. Illegal and/or unauthorized uses of the website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on HypeMuscle.com.
HypeMuscle.com owns and retains other proprietary rights in the HypeMuscle.com website and the HypeMuscle.com Services. The website contains the copyrighted material, trademarks, and other proprietary information of HypeMuscle.com, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information without permission of its owners.
5. Content Posted on the website.
i) You understand and agree that HypeMuscle.com may delete any content, messages, photos or profiles that in the sole judgment of HypeMuscle.com violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other HypeMuscle.com and/or its Members.
ii) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the HypeMuscle.com service, or transmit to other HypeMuscle.com Members.
iii) By posting Content to any public and/or private area of HypeMuscle.com, you automatically grant, and you represent and warrant that you have the right to grant, to HypeMuscle.com, and other HypeMuscle.com Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
iv). The following is a partial list of the kind of Content that is illegal or prohibited on the website. HypeMuscle.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. It includes Content that:
is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
displays pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
v) You must use the HypeMuscle.com Service in a manner consistent with any and all applicable laws and regulations.
vi) You may not include in your Member profile any telephone numbers, street addresses, last names, URL's, and email addresses.
vii) You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other HypeMuscle.com Members. Although HypeMuscle.com cannot monitor the conduct of its Members off the HypeMuscle.com website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HypeMuscle.com reserves the right to restrict the number of emails which a Member may send to other Member in any 24-hour period to a number which HypeMuscle.com deems appropriate in its sole discretion.
6. Member Disputes. You are solely responsible for your interactions with other HypeMuscle.com Members. HypeMuscle.com reserves the right, but has no obligation, to monitor disputes between you and other Members. If you are bothered by any member through the messaging system please use the 'Ignore' feature. If threatened in the forums contact one of the forum moderators for any disciplinary actions to be taken by our organization.
7. Disclaimers. HypeMuscle.com is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the HypeMuscle.com Service, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any User and/or Member of the HypeMuscle.com Service whether online or offline. HypeMuscle.com 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, User and/or Member communications. HypeMuscle.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the HypeMuscle.com website and/or in connection with the HypeMuscle.com Service. Under no circumstances will HypeMuscle.com be responsible for any loss or damage resulting from anyone's use of the website or the Service and/or any Content posted on the HypeMuscle.com website or transmitted to HypeMuscle.com Members. The website and the Service are provided "AS-IS" and HypeMuscle.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HypeMuscle.com cannot guarantee and does not promise any specific results from use of the website and/or the HypeMuscle.com Service.
8. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will HypeMuscle.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the website or the HypeMuscle.com Service, even if HypeMuscle.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HypeMuscle.com. 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 HypeMuscle.com for the Service during the term of membership.
9. Disputes. If there is any dispute about or involving the website and/or the Service, by using the website, you agree that the dispute will be governed by the laws of the province of Ontario, without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the province and provincial courts of Ontario, and/or City of Toronto.
10. Indemnity. You agree to indemnify and hold HypeMuscle.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
11.Communications. You agree that by accepting this agreement, HypeMuscle.com may at its discretion send to your provided email informative newsletters and/or other communications.
12. Other. This Agreement, accepted upon use of the website and further affirmed by becoming a Member of the HypeMuscle.com service, contains the entire agreement between you and HypeMuscle.com regarding the use of the website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please Contact us with any questions regarding this agreement.
HypeMuscle.com
teamhype@HypeMuscle.com
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