Muscle Jungle Fitness, LLC offers products, services and publications. The services offered by Muscle Jungle Fitness, LLC, a Texas limited liability company (“MJ” or “we”) include the MuscleJungleFitness.com website (the “MJ Website”), and any other features, content, or applications offered from time to time by MJ in connection with the MJ Website (collectively, the “MJ Services”).
This Agreement includes MJ’s policy for acceptable use of the MJ Services and Content posted on the MJ Website, your rights, obligations and restrictions regarding your use of the MJ Services.
MJ may modify this Agreement from time to time and such modification shall be effective upon posting by MJ on the MJ Website. You agree be bound to any changes to this Agreement when you use the MJ Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
MJ 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 MJ Services at any time, for any or no reason, with or without prior notice, and without liability.
- Proprietary Rights in Content on MJ.
- The MJ Services contain Content of MJ (“MJ Content”). MJ Content is protected by copyright, trademark, patent, trade secret and other laws, and MJ owns and retains all rights in the MJ Content and the MJ Services.
- The MJ Services contain Content of Users and other MJ Members. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, prepare compilations, make derivative works, transfer, or sell any content appearing on or through the MJ Services.
- Content Posted.
- MJ may delete any communication or content that, in the sole judgment of MJ, (a) violates this Agreement (b) may be offensive or illegal or (c) harms, threatens the safety of, or violates the rights of any person. MJ assumes no responsibility for monitoring the MJ Services for inappropriate communication, content or conduct. If at any time MJ chooses, in its sole discretion, to monitor the MJ Services, MJ nonetheless assumes no responsibility for any communication or Content. MJ has no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content.
- Private correspondence or Content is not necessarily reviewed by MJ prior to posting and does not necessarily reflect the opinions or policies of MJ. MJ 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.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is prohibited to post on or through the MJ Services. MJ reserves the right to investigate and take appropriate legal action against anyone who, in MJ’s sole discretion, violates this provision, including without limitation, removing the offending communication from the MJ Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MJ:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;
- promotes information that you know is false or 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;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- 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;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
- destructive criticism about other learners or any service in MJ, or encouraging other users to such acts.
- advertising to, or solicitation of, any Member to buy or sell any products or services through the MJ Services. You may not transmit any chain letters or junk e-mail to other Members.
- 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 MJ Services or the networks or services connected to the MJ Services. This includes marking any mail from MJ as spam. You may unsubscribe from MJ emails at any time, for any reason, by following the instructions on the Member’s Account Settings page;
- attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the MJ Services in order to harass, abuse, or harm another person;
- using the MJ Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. MJ owns all rights, title, interest and ownership to all worldwide Intellectual Property Rights (as defined below) in the MJ Content independent of the medium. “Intellectual Property Rights” shall mean ideas, concepts, methodology, taxonomy, improvements, trade secrets, know-how, show-how, improvements, compilations, collective works, trademarks, sui generis database rights, moral rights, original works of authorship, copyrights, derivatives, renewal rights; including work based upon one or more preexisting works, such revisions, enhancements, modifications or translations, abridgement, condensation, expansion or any other form that a work may be recast, transformed, or adapted; and proprietary rights whether registered or unregistered. MJ Content is also protected by U.S. and International Copyright Law. MJ ownership of the MJ Content includes all modifications, enhancements and derivatives thereof and all intellectual property rights therein. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to MJ without obtaining the prior written consent of MJ.
- Disclaimers. MJ is not responsible for any incorrect or inaccurate information posted on the MJ Website or in connection with the MJ Services, whether caused by Users of the MJ Services or by any of the equipment or programming associated with or utilized in the MJ Services. MJ does not guarantee the efficacy of its books, learning content & material. Other provisions may be added to qualify the company’s liability to the presentation of effective quality education and training material. MJ takes no responsibility for third party advertisements which are posted on this MJ Website or through the MJ Services, nor does it take any responsibility for the goods or services provided by its advertisers. MJ is not responsible for the conduct, whether online or offline, of any User of the MJ Services. MJ 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 or Member communication. MJ 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 e-mail or players due to technical problems or traffic congestion on the Internet or on any of the MJ 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 MJ Services. Under no circumstances shall MJ be responsible for any loss or damage, including personal injury or death, resulting from use of the MJ Services, attendance at a MJ event, from any information posted on or through the MJ Services, or from the conduct of any Users of the MJ Services, whether online or offline. The MJ Services are provided “AS-IS” and as available and MJ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MJ cannot guarantee and does not promise any specific results from use of the MJ Services. MJ cannot guarantee any future performance or results that you may or may not achieve because of the infinite number of variables in the world that are outside the control of MJ or You, any User, Visitor or Member.
- Limitation on Liability. IN NO EVENT SHALL MJ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MJ’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 MJ FOR THE MJ SERVICES FOR A PERIOD OF SIX (6) MONTHS PRIOR TO ANY CLAIMED, ACTUAL OR ALLEGED INCIDENT.
- Disputes. If there is any dispute about or involving the MJ Services, you agree that the dispute shall be governed by the laws of the State of Texas, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State of Texas. Either MJ or you may demand that any dispute between MJ and you about or involving the MJ Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Dallas, Texas, provided that the foregoing shall not prevent MJ from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold MJ, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the MJ 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 information that you post on the MJ Website or through the MJ Services causes MJ to be liable to another.