Terms of Service
The social network service (“social network”) that you are now accessing is powered, hosted and maintained by MuscleDog.com® and made available through http://www.muscledog.com.
The following Terms of Service (“TOS”) govern your use of the Social Network Services.
1. Acceptance of Terms of Service
By completing the registration process and clicking on the “join” button, you agree to be bound by these TOS in your access to and us of the Social Network Services, MuscleDog.com and the Partner Social Network Areas.
2. Privacy/Registration Information
MuscleDog.com respects the privacy of visitors that access the Social Network Area. Please take a moment to review the Privacy Policy governing the Social Network Services. By completing the registration process and clicking on the “join” button, you agree to the terms of the Privacy Policy.
MuscleDog.com is intended for adult use only. Anyone under the age of 18 is not permitted to register to use the Social Network Service without parent or guardian approval. You affirm that you are over the age of 13. If you are under 13 years old, then please do not use the MuscleDog.com, as this site is not intended for children under 13. Please talk to your parents about what sites would be appropriate for you.
MuscleDog.com reserves the right to deny access to the Social Network Area, or any service provided through such sites or areas, to anyone who violates these TOS or who, in MuscleDog.com’s reasonable judgment, interferes with the ability of others to enjoy the Social Network Services, or infringes on the rights of others. While not limiting the foregoing, you acknowledge and agree that your account used to access any Social Network Services may be terminated by MuscleDog.com if they learn, at any time, that you have provided MuscleDog.com any false or misleading information during the process of registering (or re-registering).
3. Modifications to these Terms of Service
MuscleDog.com may modify these Terms of Service and/or the Privacy Policy from time to time in their sole discretion. You will be provided reasonable notice of any material changes to these TOS or the Privacy Policy; your continued use of the Social Network Services, constitutes your acceptance of any changes to these Terms of Service or the Privacy Policy.
4. Modifications to the Social Network Services
MuscleDog.com may, in their sole discretion, add, delete, modify or amend features and/or services contained within the Social Network Services.
5. Content Produced by Registered Members (Your License to Us and Our License to You)
You alone are responsible for any materials you post or make available on or through the MuscleDog.com Sites, including but not limited to message board posts, journals, bookmarks, homepages, personal profiles and member profiles. Additionally, you alone are responsible for the consequences of any content you post or otherwise make available on or through the MuscleDog.com Sites. By submitting or otherwise making available materials on or through the MuscleDog.com Sites, you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner.
By submitting or otherwise making available materials to public areas of MuscleDog.com, you agree that MuscleDog.com (including their respective agents, affiliates, licensors and service providers (collectively, “Third Party Providers”) will at all times maintain a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute or make available any portion or portions of such materials as they see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these Terms of Service. While not limiting the rights under the foregoing sentence, MuscleDog.com reserves the right to excerpt, store, use or distribute, in whole or in part, any content, text, or images contained in your personal profiles or posted by you on any public areas maintained within MuscleDog.com, along with your screen name or any Social Network nickname you select, and feature them in ads, supplements and content pages in any print publications owned, controlled or otherwise maintained by MuscleDog.com or any Partner. You also agree that MuscleDog.com, the Partners and the Third Party Providers may identify you as the author of any of your postings by name, email address or screen name as each deems appropriate.
You acknowledge and agree that MuscleDog.com, the Partners and the Third Party Providers each reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to their attention that they consider unacceptable or inappropriate, whether for legal or other reasons.
Prohibited Content/Activity: The following is a partial list of the kind of content that is illegal or prohibited to post on or through the MuscleDog.com services. MuscleDog.com reserves the right, but not the obligation, to investigate and take appropriate legal action against anyone who, in MuscleDog.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the MuscleDog.com services and terminating the membership of such violators and/or reporting you to law enforcement authorities. Prohibited content includes, but is not limited to, content:
• Containing nudity, violence, or offensive subject matter or contains a link to an adult website.
• Involving the transmission of “junk mail” “chain letters” or unsolicited mass mailing, instant messaging, “spimming” or “spamming.”
• Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities including, but not limited to making or buying illegal weapons, use of illegal substances, violating someone’s privacy, or providing or creating computer viruses.
• Selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose.
You agree not to use the Social Network Services or MuscleDog.com to post, distribute, or otherwise make available any content or materials (including but not limited to text, graphics, video, software programs or audio) that are unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You also agree not to post content or materials that contain advertising or any form of commercial solicitation. Additionally, you agree not to impersonate any other person or entity, including impersonating an employee or consultant of MuscleDog.com, any Partner or any Third Party Provider.
You agree not to post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, message boards, etc.) maintained within the MuscleDog.com Areas. The term “contact information” includes but is not limited to any person’s full name, email addresses, phone numbers and mailing addresses. MuscleDog.com the Partners reserve the right, but do not maintain the obligation, to remove any contact information they might find in such public areas. You acknowledge and agree that MuscleDog.com, the Partners and Affiliates and any Third Party Providers will maintain no responsibility whatsoever for any contact or interaction that occurs between you and any other user or member of the Social Network Service. As between you, MuscleDog.com, the Partners and Affiliates and any Third Party Providers, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area on the web or via a private exchange, any form of “contact information” with any user or member of the Social Network Service.
Any images you post in personal profiles must be of you only. Any images of yourself that you upload to your personal profiles must be recent photographs of yourself. Under no circumstances shall you post or otherwise make available images of genitalia or other graphic sexually oriented content in your personal profiles or in any other public areas within MuscleDog.com; if you do, MuscleDog.com maintains the right, but does not assume the obligation, to delete your personal profile, edit your personal profile by removing such images or content, and/or terminate your membership to the Social Network Service, whereby your premium membership (if any) will be automatically forfeited as “partial damages” toward your breach of these TOS.
MuscleDog.com is not responsible for exposure to obscene material.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MuscleDog.com with respect thereto, and agree to indemnify and MuscleDog.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Copyrighted Material
While it’s free to register with MuscleDog.com, MuscleDog.com does not intend to forfeit their rights, or anyone else’s rights, to the materials appearing in MuscleDog.com. The materials available through the foregoing services, sites and areas are the property of MuscleDog.com, and are protected by copyright, trademark and other intellectual property laws. You are free to access and use MuscleDog.com for your personal, non-commercial use. But you may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such materials in any format, electronic or otherwise. Your access to content posted by other Social Network Service members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it.
If you believe that your copyrighted work has been infringed and you want Muscledog.com to take down or disable the distribution of such work, please provide Muscledog.com’s copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
B. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
C. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material. Specifically, a complete URL - or URLs in the case of multiple works - must be provided.
D. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
E. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by “the copyright owner, its agent, or the law.”
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on the copyright owner’s behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Muscledog.com actual knowledge of facts or circumstances from which infringing material or acts are evident.
Notices shall be sent to the Designated Agent for Notice of claims of copyright infringement of MuscleDog.com:
By e-mail: admin@MuscleDog.com
The Designated Agent will accept reports alleging copyright infringement by persons using MuscleDog.com services.
7. Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify MuscleDog.com of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You may cancel your account at any time by emailing admin@MuscleDog.com. Once your account has been deleted you will no longer have access to your account and if you have purchased any service or membership from MuscleDog.com, no amount will be refunded. Purchased Services including memberships and ads are non-transferable. All MuscleDog.com services are final sale and will not be refunded unless the charge was not authorized by you. Disputed charges must be reported to MuscleDog.com within 60 days, to admin@muscledog.com, or will be waived.
8. Links
MuscleDog.com may provide links to other web sites or resources. Because MuscleDog.com has no control over such sites and resources, you acknowledge and agree that MuscleDog.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the policies or terms of use of any such sites or resources or any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MuscleDog.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. Journal Content
Guidelines for posting to your online journal shall be as follows:
A. All Content posted to MuscleDog.com in any way, is the responsibility and property of the author. MuscleDog.com is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any journal Content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, MuscleDog.com is committed to submitting all necessary information to the proper authorities;
B. Should any Content be reported to MuscleDog.com as being offensive or inappropriate, MuscleDog.com may or may not call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question. MuscleDog.com has the full authority to terminate any such reported and verified offensive account holding such inappropriate content or delete any content it views as violating its TOS. MuscleDog.com, however, is under no obligation to restrict or monitor journal Content in any way;
C. MuscleDog.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the MuscleDog.com staff in protecting such Content;
D. MuscleDog.com reserves the right, without limitation except by law, to serve Member or User Content on the web. MuscleDog.com also reserves the right, without limitation, to resell any portion of a Member’s journal back to that individual;
E. You acknowledge that MuscleDog.com does not pre-screen Content, but that
MuscleDog.com and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, MuscleDog.com and its designates shall have the right to remove any content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, MuscleDog.com reserves the right to limit access to your journal, if found in violation of this TOS.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
All MuscleDog.com content is strictly for informational purposes and is not an alternative for medical advice given by your physician or other medical provider. We are not a licensed medical care provider and are not experts in diagnosing, examining, or treating medical conditions of any kind. Seek advice from a physician before starting a recommended MuscleDog.com training regimen, altering your diet, or if you have any questions about a condition because of content learned on MuscleDog.com. MuscleDog.com is not responsible for any health related problems that may result from content learned about through MuscleDog.com. Neither we, our administrators, employees, representatives, affiliates and assigns of each will be liable for any losses or damages that result from using MuscleDog.com If you take part in any activity you receive through MuscleDog.com, you agree that you do so at your own risk and are a voluntary participant in these activities.
In addition, professional medical recommendations should never be overlooked or put off because of something you have read or seen demonstrated on MuscleDog.com. Please consult with your physician before following any training instructions you receive through MuscleDog.com (includes but is not limited to advice/recommendations from our network’s members, articles, forums, workouts, communities, supplement reviews, blogs, journals, events, training videos, photos, fitness calculators, etc).
Training is different for each person and not all activities or exercises described on MuscleDog.com are appropriate for everyone. It is to be understood that by participating in any of the training programs described on MuscleDog.com, there is a possible chance of physical injury and/or death. Immediately call your doctor or 911 if you think you may have a medical crisis. Stop the training exercise right away if you are experiencing any discomfort or pain. MuscleDog.com should not be used if you or someone you know has unfavorable health conditions. By using MuscleDog.com, you represent that you have received consent from your physician to participate in the training programs, workouts, meal plans and any other advice or activity described on MuscleDog.com.
The materials and services provided through MuscleDog.com are for informational purposes only. You may only use the materials and services for your personal and non-commercial use. You specifically acknowledge that MuscleDog.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In no event shall MuscleDog.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (l) errors, mistakes, or inaccuracies of content, (ll) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (lll) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, any bugs, viruses, trojan-horses or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the MuscleDog.com website, whether based on warranty, contract, tort, or any other legal theory, and whether limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Before you act on any information you’ve found on any MuscleDog.com page, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE MuscleDog.com SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH MuscleDog.com. MuscleDog.com AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” MuscleDog.com CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SOCIAL NETWORK SERVICE, THE SSN SITES, OR THE PARTNER SOCIAL NETWORK AREAS, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE SOCIAL NETWORK SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MuscleDog.com is not responsible for exposure to obscene material.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MuscleDog.com with respect thereto, and agree to indemnify and MuscleDog.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
MuscleDog.com MAKES NO WARRANTY THAT THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS WILL MEET YOUR REQUIREMENTS, OR THAT THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MuscleDog.com AND ITS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOCIAL NETWORK SERVICE, THE SSN SITES OR THE PARTNER SOCIAL NETWORK AREAS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
MuscleDog.com, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE MuscleDog.com SITES OR ANY PARTNER SOCIAL NETWORK AREAS, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY MuscleDog.com SITES OR ANY PARTNER SOCIAL NETWORK AREAS.
Your dealings with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MuscleDog.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MuscleDog.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MuscleDog.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
MuscleDog.com does not guarantee the truth or accuracy of Muscledog.com Listings, nor the legality, safety, or quality of advertised items. Muscledog.com does not control and is not involved in actual transactions. You alone are responsible for your transactions involving the purchase or exchange of goods and/or services.
The sale of any items of which the sale of such is restricted by law, prohibited, or deemed illegal in any way, including but not limited to items the sale of which is prohibited or regulated by the State of New Jersey, is strictly forbidden. You are responsible for adhering to applicable policies, regulations and laws that regulate the buying and selling of goods and services in the appropriate jurisdictions.
MuscleDog.com users remain responsible for complying with all applicable laws, regulations or restrictions on items, services, or manner of sale, payment or exchange, that may apply to transactions in which they participate — including but not limited to those imposed by the state of New Jersey, where the MuscleDog.com service physically resides. We urge you to research the applicable laws and regulations that may apply to your transaction.
Partial (but not complete) list of items the sale of which is not permitted on MuscleDog.com:
• Obscene material or child pornography.
• Weapons and related items, including firearms.
• Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
• Alcohol or tobacco products.
• Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
• Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
• Blood, bodily fluids or body parts.
• Animals and animal parts.
• Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
• Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
• Stolen property or personal property with the serial number removed or altered.
• Burglary tools, such as lock-picks or motor vehicle master keys.
• Counterfeit or knock-off brand name goods.
• Material that infringes copyright, such as warez, bootlegs (without consent of the band), etc.
• Non-packaged food items or adulterated food.
• Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ANY MuscleDog.com SITES OR ANY PARTNER SOCIAL NETWORK AREAS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.
UNDER NO CIRCUMSTANCES SHALL MuscleDog.com, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF MuscleDog.com, ANY MuscleDog.com SITE(S) OR ANY PARTNER SOCIAL NETWORK AREA(S) INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MuscleDog.com, EACH PARTNER, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU AGREE THAT THE LIABILITY, IF ANY, OF MuscleDog.com, THE PARTNERS AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SOCIAL NETWORK SERVICE, THE MuscleDog.com SITES AND ANY PARTNER SOCIAL NETWORK AREAS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SOCIAL NETWORK SERVICE.
11. Member Content Storage
MuscleDog.com, its Partners and their respective Third Party Providers assume no responsibility for the deletion, the inability, or failure to store your content.
12. Indemnification
You agree to defend, indemnify and hold MuscleDog.com, the Partners, their respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Social Network Service, any MuscleDog.com Site(s) and/or any Partner Social Network Area(s), your violation of these Terms of Service, your violation of any laws, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
13. Termination of Membership
MuscleDog.com and its Partners reserve the right to refuse membership to anyone. MuscleDog.com may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates these Terms of Service or other policies or guidelines set out by MuscleDog.com and elsewhere on, or for online conduct that MuscleDog.com and/or its Partners believe is harmful to other members, the business of MuscleDog.com and/or its Partner Social Network Areas, or other third-party information providers.
MuscleDog.com and the Partners can’t regulate what occurs when Social Network members decide to communicate outside the Social Network Service or otherwise meet offline. Nevertheless, if MuscleDog.com believes that your use of the Social Network Service could lead to offline behavior that is harmful to you, other Social Network members, the public, MuscleDog.com‘s business or the business of any Partner or Third Party Provider, MuscleDog.com and/or each Partner maintains the right (but not the obligation) to suspend your account with no refund. Depending on the severity of the matter, number of complaints (if any), and other factors, MuscleDog.com or a Partner may or may not send you warning emails before suspending your account. Likewise, MuscleDog.com, the Partners and their respective Third Party Providers each maintain the right (but not the obligation) to review private electronic messages distributed through the Social Network Service, the MuscleDog.com Sites and/or the Partner Social Network Areas, and to use any other form of information available to MuscleDog.com, the Partners and the Third Party Providers by virtue of your use of the Social Network Service, the MuscleDog.com Sites or the Partner Social Network Areas (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Service, or to protect the rights, property or safety of our members, visitors, customers, the public, MuscleDog.com, the Partners, or any Third Party Providers.
14. Governing Law; Legal Venue
This TOS shall be governed by the laws of the State of New Jersey in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You irrevocably (i) agree that any action or proceeding arising from or relating to this TOS or your use of Social Network Services, the MuscleDog.com Sites and the Partner Social Network Areas may be brought only in the courts of New Jersey or the U.S. District Court located in New Jersey, (ii) consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and (iii) waive any objection to proceeding in such venue, including that the forum is inconvenient. YOU IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TOS OR YOUR USE OF SOCIAL NETWORK SERVICES, THE MuscleDog.com SITES AND THE PARTNER SOCIAL NETWORK AREAS.
15. Miscellaneous
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This TOS, together with the Privacy Policy, which is incorporated herein by reference, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Except as expressly provided otherwise in this TOS, this TOS may be amended only by a writing signed by both parties. The provisions of this TOS are to be interpreted in a reasonable manner to effect the purpose of the parties, and this TOS is not to be interpreted or construed against us because we participated in the drafting of this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision. We may assign or transfer this TOS, in whole or in part, to any party without notice. All terms and conditions of this TOS which by their nature are meant to survive the termination of this TOS will survive termination.
BY USING THE SOCIAL NETWORK SERVICES, THE MuscleDog.com SITES OR THE PARTNER SOCIAL NETWORK AREAS, YOU AGREE TO BE BOUND BY THIS TOS.
The following Terms of Service (“TOS”) govern your use of the Social Network Services.
1. Acceptance of Terms of Service
By completing the registration process and clicking on the “join” button, you agree to be bound by these TOS in your access to and us of the Social Network Services, MuscleDog.com and the Partner Social Network Areas.
2. Privacy/Registration Information
MuscleDog.com respects the privacy of visitors that access the Social Network Area. Please take a moment to review the Privacy Policy governing the Social Network Services. By completing the registration process and clicking on the “join” button, you agree to the terms of the Privacy Policy.
MuscleDog.com is intended for adult use only. Anyone under the age of 18 is not permitted to register to use the Social Network Service without parent or guardian approval. You affirm that you are over the age of 13. If you are under 13 years old, then please do not use the MuscleDog.com, as this site is not intended for children under 13. Please talk to your parents about what sites would be appropriate for you.
MuscleDog.com reserves the right to deny access to the Social Network Area, or any service provided through such sites or areas, to anyone who violates these TOS or who, in MuscleDog.com’s reasonable judgment, interferes with the ability of others to enjoy the Social Network Services, or infringes on the rights of others. While not limiting the foregoing, you acknowledge and agree that your account used to access any Social Network Services may be terminated by MuscleDog.com if they learn, at any time, that you have provided MuscleDog.com any false or misleading information during the process of registering (or re-registering).
3. Modifications to these Terms of Service
MuscleDog.com may modify these Terms of Service and/or the Privacy Policy from time to time in their sole discretion. You will be provided reasonable notice of any material changes to these TOS or the Privacy Policy; your continued use of the Social Network Services, constitutes your acceptance of any changes to these Terms of Service or the Privacy Policy.
4. Modifications to the Social Network Services
MuscleDog.com may, in their sole discretion, add, delete, modify or amend features and/or services contained within the Social Network Services.
5. Content Produced by Registered Members (Your License to Us and Our License to You)
You alone are responsible for any materials you post or make available on or through the MuscleDog.com Sites, including but not limited to message board posts, journals, bookmarks, homepages, personal profiles and member profiles. Additionally, you alone are responsible for the consequences of any content you post or otherwise make available on or through the MuscleDog.com Sites. By submitting or otherwise making available materials on or through the MuscleDog.com Sites, you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner.
By submitting or otherwise making available materials to public areas of MuscleDog.com, you agree that MuscleDog.com (including their respective agents, affiliates, licensors and service providers (collectively, “Third Party Providers”) will at all times maintain a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute or make available any portion or portions of such materials as they see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these Terms of Service. While not limiting the rights under the foregoing sentence, MuscleDog.com reserves the right to excerpt, store, use or distribute, in whole or in part, any content, text, or images contained in your personal profiles or posted by you on any public areas maintained within MuscleDog.com, along with your screen name or any Social Network nickname you select, and feature them in ads, supplements and content pages in any print publications owned, controlled or otherwise maintained by MuscleDog.com or any Partner. You also agree that MuscleDog.com, the Partners and the Third Party Providers may identify you as the author of any of your postings by name, email address or screen name as each deems appropriate.
You acknowledge and agree that MuscleDog.com, the Partners and the Third Party Providers each reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to their attention that they consider unacceptable or inappropriate, whether for legal or other reasons.
Prohibited Content/Activity: The following is a partial list of the kind of content that is illegal or prohibited to post on or through the MuscleDog.com services. MuscleDog.com reserves the right, but not the obligation, to investigate and take appropriate legal action against anyone who, in MuscleDog.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the MuscleDog.com services and terminating the membership of such violators and/or reporting you to law enforcement authorities. Prohibited content includes, but is not limited to, content:
• Containing nudity, violence, or offensive subject matter or contains a link to an adult website.
• Involving the transmission of “junk mail” “chain letters” or unsolicited mass mailing, instant messaging, “spimming” or “spamming.”
• Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities including, but not limited to making or buying illegal weapons, use of illegal substances, violating someone’s privacy, or providing or creating computer viruses.
• Selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose.
You agree not to use the Social Network Services or MuscleDog.com to post, distribute, or otherwise make available any content or materials (including but not limited to text, graphics, video, software programs or audio) that are unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You also agree not to post content or materials that contain advertising or any form of commercial solicitation. Additionally, you agree not to impersonate any other person or entity, including impersonating an employee or consultant of MuscleDog.com, any Partner or any Third Party Provider.
You agree not to post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, message boards, etc.) maintained within the MuscleDog.com Areas. The term “contact information” includes but is not limited to any person’s full name, email addresses, phone numbers and mailing addresses. MuscleDog.com the Partners reserve the right, but do not maintain the obligation, to remove any contact information they might find in such public areas. You acknowledge and agree that MuscleDog.com, the Partners and Affiliates and any Third Party Providers will maintain no responsibility whatsoever for any contact or interaction that occurs between you and any other user or member of the Social Network Service. As between you, MuscleDog.com, the Partners and Affiliates and any Third Party Providers, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area on the web or via a private exchange, any form of “contact information” with any user or member of the Social Network Service.
Any images you post in personal profiles must be of you only. Any images of yourself that you upload to your personal profiles must be recent photographs of yourself. Under no circumstances shall you post or otherwise make available images of genitalia or other graphic sexually oriented content in your personal profiles or in any other public areas within MuscleDog.com; if you do, MuscleDog.com maintains the right, but does not assume the obligation, to delete your personal profile, edit your personal profile by removing such images or content, and/or terminate your membership to the Social Network Service, whereby your premium membership (if any) will be automatically forfeited as “partial damages” toward your breach of these TOS.
MuscleDog.com is not responsible for exposure to obscene material.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MuscleDog.com with respect thereto, and agree to indemnify and MuscleDog.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Copyrighted Material
While it’s free to register with MuscleDog.com, MuscleDog.com does not intend to forfeit their rights, or anyone else’s rights, to the materials appearing in MuscleDog.com. The materials available through the foregoing services, sites and areas are the property of MuscleDog.com, and are protected by copyright, trademark and other intellectual property laws. You are free to access and use MuscleDog.com for your personal, non-commercial use. But you may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such materials in any format, electronic or otherwise. Your access to content posted by other Social Network Service members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it.
If you believe that your copyrighted work has been infringed and you want Muscledog.com to take down or disable the distribution of such work, please provide Muscledog.com’s copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
B. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
C. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material. Specifically, a complete URL - or URLs in the case of multiple works - must be provided.
D. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
E. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by “the copyright owner, its agent, or the law.”
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on the copyright owner’s behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Muscledog.com actual knowledge of facts or circumstances from which infringing material or acts are evident.
Notices shall be sent to the Designated Agent for Notice of claims of copyright infringement of MuscleDog.com:
By e-mail: admin@MuscleDog.com
The Designated Agent will accept reports alleging copyright infringement by persons using MuscleDog.com services.
7. Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify MuscleDog.com of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You may cancel your account at any time by emailing admin@MuscleDog.com. Once your account has been deleted you will no longer have access to your account and if you have purchased any service or membership from MuscleDog.com, no amount will be refunded. Purchased Services including memberships and ads are non-transferable. All MuscleDog.com services are final sale and will not be refunded unless the charge was not authorized by you. Disputed charges must be reported to MuscleDog.com within 60 days, to admin@muscledog.com, or will be waived.
8. Links
MuscleDog.com may provide links to other web sites or resources. Because MuscleDog.com has no control over such sites and resources, you acknowledge and agree that MuscleDog.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the policies or terms of use of any such sites or resources or any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MuscleDog.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. Journal Content
Guidelines for posting to your online journal shall be as follows:
A. All Content posted to MuscleDog.com in any way, is the responsibility and property of the author. MuscleDog.com is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any journal Content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, MuscleDog.com is committed to submitting all necessary information to the proper authorities;
B. Should any Content be reported to MuscleDog.com as being offensive or inappropriate, MuscleDog.com may or may not call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question. MuscleDog.com has the full authority to terminate any such reported and verified offensive account holding such inappropriate content or delete any content it views as violating its TOS. MuscleDog.com, however, is under no obligation to restrict or monitor journal Content in any way;
C. MuscleDog.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the MuscleDog.com staff in protecting such Content;
D. MuscleDog.com reserves the right, without limitation except by law, to serve Member or User Content on the web. MuscleDog.com also reserves the right, without limitation, to resell any portion of a Member’s journal back to that individual;
E. You acknowledge that MuscleDog.com does not pre-screen Content, but that
MuscleDog.com and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, MuscleDog.com and its designates shall have the right to remove any content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, MuscleDog.com reserves the right to limit access to your journal, if found in violation of this TOS.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
All MuscleDog.com content is strictly for informational purposes and is not an alternative for medical advice given by your physician or other medical provider. We are not a licensed medical care provider and are not experts in diagnosing, examining, or treating medical conditions of any kind. Seek advice from a physician before starting a recommended MuscleDog.com training regimen, altering your diet, or if you have any questions about a condition because of content learned on MuscleDog.com. MuscleDog.com is not responsible for any health related problems that may result from content learned about through MuscleDog.com. Neither we, our administrators, employees, representatives, affiliates and assigns of each will be liable for any losses or damages that result from using MuscleDog.com If you take part in any activity you receive through MuscleDog.com, you agree that you do so at your own risk and are a voluntary participant in these activities.
In addition, professional medical recommendations should never be overlooked or put off because of something you have read or seen demonstrated on MuscleDog.com. Please consult with your physician before following any training instructions you receive through MuscleDog.com (includes but is not limited to advice/recommendations from our network’s members, articles, forums, workouts, communities, supplement reviews, blogs, journals, events, training videos, photos, fitness calculators, etc).
Training is different for each person and not all activities or exercises described on MuscleDog.com are appropriate for everyone. It is to be understood that by participating in any of the training programs described on MuscleDog.com, there is a possible chance of physical injury and/or death. Immediately call your doctor or 911 if you think you may have a medical crisis. Stop the training exercise right away if you are experiencing any discomfort or pain. MuscleDog.com should not be used if you or someone you know has unfavorable health conditions. By using MuscleDog.com, you represent that you have received consent from your physician to participate in the training programs, workouts, meal plans and any other advice or activity described on MuscleDog.com.
The materials and services provided through MuscleDog.com are for informational purposes only. You may only use the materials and services for your personal and non-commercial use. You specifically acknowledge that MuscleDog.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In no event shall MuscleDog.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (l) errors, mistakes, or inaccuracies of content, (ll) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (lll) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, any bugs, viruses, trojan-horses or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the MuscleDog.com website, whether based on warranty, contract, tort, or any other legal theory, and whether limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Before you act on any information you’ve found on any MuscleDog.com page, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE MuscleDog.com SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH MuscleDog.com. MuscleDog.com AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” MuscleDog.com CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SOCIAL NETWORK SERVICE, THE SSN SITES, OR THE PARTNER SOCIAL NETWORK AREAS, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE SOCIAL NETWORK SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MuscleDog.com is not responsible for exposure to obscene material.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MuscleDog.com with respect thereto, and agree to indemnify and MuscleDog.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
MuscleDog.com MAKES NO WARRANTY THAT THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS WILL MEET YOUR REQUIREMENTS, OR THAT THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MuscleDog.com AND ITS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOCIAL NETWORK SERVICE, MuscleDog.com OR THE PARTNER SOCIAL NETWORK AREAS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOCIAL NETWORK SERVICE, THE SSN SITES OR THE PARTNER SOCIAL NETWORK AREAS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
MuscleDog.com, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE MuscleDog.com SITES OR ANY PARTNER SOCIAL NETWORK AREAS, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY MuscleDog.com SITES OR ANY PARTNER SOCIAL NETWORK AREAS.
Your dealings with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MuscleDog.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MuscleDog.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MuscleDog.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
MuscleDog.com does not guarantee the truth or accuracy of Muscledog.com Listings, nor the legality, safety, or quality of advertised items. Muscledog.com does not control and is not involved in actual transactions. You alone are responsible for your transactions involving the purchase or exchange of goods and/or services.
The sale of any items of which the sale of such is restricted by law, prohibited, or deemed illegal in any way, including but not limited to items the sale of which is prohibited or regulated by the State of New Jersey, is strictly forbidden. You are responsible for adhering to applicable policies, regulations and laws that regulate the buying and selling of goods and services in the appropriate jurisdictions.
MuscleDog.com users remain responsible for complying with all applicable laws, regulations or restrictions on items, services, or manner of sale, payment or exchange, that may apply to transactions in which they participate — including but not limited to those imposed by the state of New Jersey, where the MuscleDog.com service physically resides. We urge you to research the applicable laws and regulations that may apply to your transaction.
Partial (but not complete) list of items the sale of which is not permitted on MuscleDog.com:
• Obscene material or child pornography.
• Weapons and related items, including firearms.
• Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
• Alcohol or tobacco products.
• Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
• Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
• Blood, bodily fluids or body parts.
• Animals and animal parts.
• Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
• Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
• Stolen property or personal property with the serial number removed or altered.
• Burglary tools, such as lock-picks or motor vehicle master keys.
• Counterfeit or knock-off brand name goods.
• Material that infringes copyright, such as warez, bootlegs (without consent of the band), etc.
• Non-packaged food items or adulterated food.
• Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ANY MuscleDog.com SITES OR ANY PARTNER SOCIAL NETWORK AREAS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.
UNDER NO CIRCUMSTANCES SHALL MuscleDog.com, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF MuscleDog.com, ANY MuscleDog.com SITE(S) OR ANY PARTNER SOCIAL NETWORK AREA(S) INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MuscleDog.com, EACH PARTNER, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU AGREE THAT THE LIABILITY, IF ANY, OF MuscleDog.com, THE PARTNERS AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SOCIAL NETWORK SERVICE, THE MuscleDog.com SITES AND ANY PARTNER SOCIAL NETWORK AREAS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SOCIAL NETWORK SERVICE.
11. Member Content Storage
MuscleDog.com, its Partners and their respective Third Party Providers assume no responsibility for the deletion, the inability, or failure to store your content.
12. Indemnification
You agree to defend, indemnify and hold MuscleDog.com, the Partners, their respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Social Network Service, any MuscleDog.com Site(s) and/or any Partner Social Network Area(s), your violation of these Terms of Service, your violation of any laws, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
13. Termination of Membership
MuscleDog.com and its Partners reserve the right to refuse membership to anyone. MuscleDog.com may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates these Terms of Service or other policies or guidelines set out by MuscleDog.com and elsewhere on, or for online conduct that MuscleDog.com and/or its Partners believe is harmful to other members, the business of MuscleDog.com and/or its Partner Social Network Areas, or other third-party information providers.
MuscleDog.com and the Partners can’t regulate what occurs when Social Network members decide to communicate outside the Social Network Service or otherwise meet offline. Nevertheless, if MuscleDog.com believes that your use of the Social Network Service could lead to offline behavior that is harmful to you, other Social Network members, the public, MuscleDog.com‘s business or the business of any Partner or Third Party Provider, MuscleDog.com and/or each Partner maintains the right (but not the obligation) to suspend your account with no refund. Depending on the severity of the matter, number of complaints (if any), and other factors, MuscleDog.com or a Partner may or may not send you warning emails before suspending your account. Likewise, MuscleDog.com, the Partners and their respective Third Party Providers each maintain the right (but not the obligation) to review private electronic messages distributed through the Social Network Service, the MuscleDog.com Sites and/or the Partner Social Network Areas, and to use any other form of information available to MuscleDog.com, the Partners and the Third Party Providers by virtue of your use of the Social Network Service, the MuscleDog.com Sites or the Partner Social Network Areas (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Service, or to protect the rights, property or safety of our members, visitors, customers, the public, MuscleDog.com, the Partners, or any Third Party Providers.
14. Governing Law; Legal Venue
This TOS shall be governed by the laws of the State of New Jersey in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You irrevocably (i) agree that any action or proceeding arising from or relating to this TOS or your use of Social Network Services, the MuscleDog.com Sites and the Partner Social Network Areas may be brought only in the courts of New Jersey or the U.S. District Court located in New Jersey, (ii) consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and (iii) waive any objection to proceeding in such venue, including that the forum is inconvenient. YOU IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TOS OR YOUR USE OF SOCIAL NETWORK SERVICES, THE MuscleDog.com SITES AND THE PARTNER SOCIAL NETWORK AREAS.
15. Miscellaneous
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This TOS, together with the Privacy Policy, which is incorporated herein by reference, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Except as expressly provided otherwise in this TOS, this TOS may be amended only by a writing signed by both parties. The provisions of this TOS are to be interpreted in a reasonable manner to effect the purpose of the parties, and this TOS is not to be interpreted or construed against us because we participated in the drafting of this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision. We may assign or transfer this TOS, in whole or in part, to any party without notice. All terms and conditions of this TOS which by their nature are meant to survive the termination of this TOS will survive termination.
BY USING THE SOCIAL NETWORK SERVICES, THE MuscleDog.com SITES OR THE PARTNER SOCIAL NETWORK AREAS, YOU AGREE TO BE BOUND BY THIS TOS.