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Terms & Conditions
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Terms and Conditions
Last updated: December 16, 2008
Messy LLC operates JuicyGym.com, which is an interactive message site that displays user-generated information by users 18 years old and above. JuicyGym.com is an entertainment-only website and does not provide professional services of any kind and is not liable or responsible for any of the user-generated content on the site. The services offered by JuicyGym include any JuicyGym-branded URL (the "JuicyGym Website"), JuicyGym mobile services, and any other features, content, or applications offered from time to time by JuicyGym in connection with JuicyGym’s business (collectively, the "JuicyGym Services"). The JuicyGym Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the JuicyGym Services. By using the JuicyGym Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the JuicyGym Website, including through a mobile device, or otherwise use the JuicyGym Services without being registered) or you are a "Member" (which means that you have submitted postings on JuicyGym). The term "User" refers to a Visitor or a Member. You are only authorized to use the JuicyGym Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the JuicyGym Website and discontinue use of the JuicyGym Services immediately. If you wish to use the site, communicate with other Members and/or make use of the JuicyGym Services, you must read this Agreement and indicate your acceptance prior to accessing the homepage.
This Agreement includes JuicyGym's policy for acceptable use of the JuicyGym Services and Content (as defined in Section 6.1 below) posted on or through the JuicyGym Services and your rights, obligations and restrictions regarding your use of the JuicyGym Services and Content posted on or through the JuicyGym Services. In order to participate in certain JuicyGym Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from JuicyGym. Unless otherwise provided by the additional terms and conditions applicable to the JuicyGym Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
JuicyGym may modify this Agreement from time to time and such modification shall be effective upon posting by JuicyGym on the JuicyGym Website. Your continued use of the JuicyGym Services after JuicyGym posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the JuicyGym Services and that you provide to other Users. Your JuicyGym postings may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other JuicyGym Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and JuicyGym assumes no responsibility or liability for this material. If you become aware of misuse of the JuicyGym Services by any person, please email us at contact@juicygym.com.
JuicyGym reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the JuicyGym Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. JuicyGym expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the JuicyGym Services if JuicyGym determines, in its sole discretion, that you have violated this Agreement or pose a threat to JuicyGym and/or its Users.
1. Eligibility. Use of the JuicyGym Services is void where prohibited. By using the JuicyGym Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the JuicyGym Services does not violate any applicable law or regulation. We will make every effort to block your access to the site if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the JuicyGym Services and for as long as your postings are on the site. Anything that you post on the site falls under this Agreement and this Agreement will remain in effect in perpetuity, including Sections 5-17.
3. Fees. You acknowledge that JuicyGym reserves the right to charge for any portion of the JuicyGym Services and to change its fees (if any) from time to time in its discretion. If JuicyGym terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. User limitations. The JuicyGym Services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by JuicyGym. JuicyGym reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the JuicyGym Services, including collecting usernames, user id numbers, 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 JuicyGym Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. JuicyGym reserves the right to take appropriate legal action for any illegal or unauthorized use of the JuicyGym Services.
5. Proprietary Rights in Content on JuicyGym: User Submissions and Conduct
5.1 As a JuicyGym user you may submit questions, responses, and textual content ("User Comments"). User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, JuicyGym does not guarantee any confidentiality with respect to any User Submissions.
5.2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize JuicyGym to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Terms of Use Agreement.
5.3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to JuicyGym, you hereby grant JuicyGym a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the JuicyGym Website and JuicyGym's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the JuicyGym Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the JuicyGym Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in any User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the JuicyGym Service. You understand and agree, however, that JuicyGym may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
5.4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JuicyGym all of the license rights granted herein.
5.5. JuicyGym does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JuicyGym expressly disclaims any and all liability in connection with User Submissions. JuicyGym does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and JuicyGym will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. JuicyGym reserves the right to remove Content and User Submissions without prior notice.
5.6 You represent and warrant that: (i) you own the Content posted by you on or through the JuicyGym Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the JuicyGym Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the JuicyGym Services.
5.7 The JuicyGym Services contain Content of JuicyGym ("JuicyGym Content"). JuicyGym Content is protected by copyright, trademark, patent, trade secret and other laws, and JuicyGym owns and retains all rights in the JuicyGym Content and the JuicyGym Services. JuicyGym hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JuicyGym Content (excluding any software code) solely for your personal use in connection with viewing the JuicyGym Website and using the JuicyGym Services.
5.8 The JuicyGym Services contain Content of Users and other JuicyGym licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the JuicyGym Services.
5.9 JuicyGym (or its hired vendors) performs technical functions necessary to offer the JuicyGym Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the JuicyGym Services.
6. Content Posted.
6.1 JuicyGym may reject or delete any Content for any or no reason, including Content that in the sole judgment of JuicyGym violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. JuicyGym assumes no responsibility for monitoring the JuicyGym Services for inappropriate Content or conduct. If at any time JuicyGym chooses, in its sole discretion, to monitor the JuicyGym Services, JuicyGym nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
6.2 You are solely responsible for the Content that you post on or through any of the JuicyGym Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the JuicyGym Services. JuicyGym reserves the right, but is not bound, to investigate and take appropriate legal action against anyone who, in JuicyGym's sole discretion, violates this provision, including without limitation, removing the offending Content from the JuicyGym Services. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of JuicyGym
7.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.2 harasses or advocates harassment of another person;
7.3 exploits people in a sexual or violent manner;
7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
7.5 solicits personal information from anyone under 18;
7.6 publicly posts information that poses or creates a privacy or security risk to any person;
7.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.8 constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
7.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
7.11 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;
7.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
7.13 involves commercial activities and/or sales without prior written consent from JuicyGym such as contests, sweepstakes, barter, advertising, or pyramid schemes;
7.14 includes a photograph or video of another person that you have posted without that person's consent;
7.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the JuicyGym Website and through your use of the JuicyGym Services. JuicyGym reserves the right to investigate and take appropriate legal action against anyone who, in JuicyGym's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
7.16 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;
7.17 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the JuicyGym Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, ,JuicyGym reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which JuicyGym deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the JuicyGym Services, you acknowledge that you will have caused substantial harm to JuicyGym, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay JuicyGym $50 for each such unsolicited email or other unauthorized commercial communication you send through the JuicyGym Services;
7.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the JuicyGym Services;
7.19 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
7.20 covering or obscuring the banner advertisements on any JuicyGym page via HTML/CSS or any other means;
7.21 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
7.22 interfering with, disrupting, or creating an undue burden on the JuicyGym Services or the networks or services connected to the JuicyGym Services;
7.23 impersonating or attempting to impersonate another Member, person or entity;
7.24 using any information obtained from the JuicyGym Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
7.25 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the JuicyGym Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “friends” or sending private messages with a commercial purpose; or
7.26 using the JuicyGym Services in a manner inconsistent with any and all applicable laws and regulations.
8. Protecting Copyrights and Other Intellectual Property. JuicyGym respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. JuicyGym has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the JuicyGym Services in a way that constitutes copyright infringement, please send a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the JuicyGym Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. JuicyGym can be reached as follows: Messy LLC, 144 East 24th St. #7B, NY, NY 10010; Facsimile: (888) 281-7194 Re: Copyright Concern.
9. Member Disputes. You are solely responsible for your interactions with other JuicyGym Members. JuicyGym reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
10. Privacy. Use of the JuicyGym Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Disclaimers. JuicyGym is an entertainment-only website. JuicyGym is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the JuicyGym Services, whether caused by Users of the JuicyGym Services or by any of the equipment or programming associated with or utilized in the JuicyGym Services and such User Content does not necessarily reflect the opinions or policies of JuicyGym. Profiles and third party applications created and posted by Users on the JuicyGym Website may contain links to other websites. JuicyGym is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by JuicyGym. Inclusion of any linked website on the JuicyGym Services does not imply approval or endorsement of the linked website by JuicyGym. When you access these third party sites, you do so at your own risk. JuicyGym takes no responsibility for third party advertisements or third party applications that are posted on or through the JuicyGym Services, nor does it take any responsibility for the goods or services provided by its advertisers. JuicyGym is not responsible for the conduct, whether online or offline, of any User of the JuicyGym Services. JuicyGym 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. JuicyGym 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 JuicyGym 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 JuicyGym Services. Under no circumstances shall JuicyGym be responsible for any loss or damage, including personal injury or death, resulting from use of the JuicyGym Services, attendance at a JuicyGym event, from any User Content posted on or through the JuicyGym Services, or from the conduct of any Users of the JuicyGym Services, whether online or offline. The JuicyGym Services are provided "AS-IS" and as available and JuicyGym expressly disclaims any warranty of fitness for a particular purpose or non-infringement. JuicyGym cannot guarantee and does not promise any specific results from use of the JuicyGym Services.
12. Limitation on Liability. IN NO EVENT SHALL JUICYGYM 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 JUICYGYM SERVICES, EVEN IF JUICYGYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JUICYGYM'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 JUICYGYM FOR THE JUICYGYM SERVICES DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with the JuicyGym Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the JuicyGym Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and JuicyGym agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the JuicyGym Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. Indemnity. You agree to indemnify and hold Messy LLC, JuicyGym, any of 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 JuicyGym 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 in this Agreement and/or if any Content that you post on or through the JuicyGym Services causes JuicyGym to be liable to another.
16. Other. This Agreement is accepted upon your use of the JuicyGym Website or any of the JuicyGym Services and is further affirmed by you as a User. This Agreement constitutes the entire agreement between you and JuicyGym regarding the use of the JuicyGym Services. The failure of JuicyGym 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. 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.
Please contact us at: contact@juicygym.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
December 2008
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