1. Introduction
Welcome to MuscleMindz.Fitness, operated by MuscleMindz Fitness Store. MuscleMindz.Fitness (MuscleMindz Fitness Store) may be referred to herein as “Site”, “we”, “us”, or “our”.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING MUSCLEMINDZ.FITNESS. By using MuscleMindz.Fitness or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use MuscleMindz.Fitness.
MuscleMindz.Fitness reserves the right to suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.
2. CHANGES IN TERMS
MuscleMindz.Fitness has the sole right at any time and without prior notice to revise these Terms. MuscleMindz.Fitness will post changes on the Site and it is your responsibility to review these Terms and any modifications.
3. TERMINATION
MuscleMindz.Fitness has the right at any time and without prior notice to terminate some or all of MuscleMindz.Fitness services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use of MuscleMindz.Fitness services or any feature or portion thereof.
4. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws and regulations regarding your use of the Site. You must be at least 13 years old to use MuscleMindz.Fitness. See the Children’s Personal Information section of the Privacy Policy.
5. CONTENT
The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or may be out of date. MuscleMindz.Fitness may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on MuscleMindz.Fitness.
All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the Seychelles and other countries. MuscleMindz.Fitness’s intellectual property may not be used without MuscleMindz.Fitness’s written permission. All other trademarks and service marks not owned by MuscleMindz.Fitness that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MuscleMindz.Fitness.
You may view and use the Content for your personal information and for ordering and for no other purpose. MuscleMindz.Fitness does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.
6. NOTICE AND PROCEDURE FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS
If you have any concerns related to intellectual property on the site, please provide MuscleMindz Fitness Store with the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property at issue;
- The location of the material giving rise to the concern on the Site;
- Your address, telephone number, facsimile number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
Notification should be sent to:
Barnsley Antat, CEO, MuscleMindz Fitness Store, Unity House, Room Number 1, Victoria, Mahe, Seychelles; +248 2 577 977; legal@musclemindz.fitness
7. Description of Products
a) The description and specification of products in the Web Site is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.
b) We may correct any error appearing in the Web Site or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
8. Ordering Products
a) You may order products from the Web Site by submitting a completed order form through the check out procedure.
b) We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.
9. PRODUCT REVIEWS
Product reviews appearing on the Site are prepared by third-parties (including, but not limited to, review pages, message boards, forums, text files, chats, etc.). MuscleMindz.Fitness has not determined whether a specific reviewer’s experience is what an average or typical customer may expect to achieve.
10. ACCOUNTS
Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify MuscleMindz.Fitness at webmaster@musclemindz.fitness of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the Site.
11. USER CONTENT
The Site allows you to post content, including, but not limited to, photos, reviews, ideas, suggestions, links, and other materials. Anything that you post or otherwise make available on or in connection with the Site is referred to as “User Content.” User Content is non-confidential, non-proprietary, and may be used by MuscleMindz.Fitness, MuscleMindz.Fitness vendors, or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. You agree that as a condition of permitting you to submit User Content, you grant MuscleMindz.Fitness, MuscleMindz.Fitness’s affiliates, and any sub-licensees, subject to the Privacy Policy, a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable, perpetual right and license to use, copy, publicly perform, digitally perform, publicly display, and distribute User Content, including the use of your name, alias, and any other information (provided by you), and to prepare derivative works based on, or incorporate into other works, User Content, with or without attribution. You represent and warrant that any User Content is in compliance with all applicable laws and regulations, and it is not composed of and does not contain viruses, solicitations, or any form of spam. Your submission of User Content constitutes an agreement that you will defend, indemnify, and hold MuscleMindz.Fitness harmless for all claims resulting from User Content you supply.
MuscleMindz.Fitness is not responsible for, and does not endorse the opinions, advice or recommendations in User Content and specifically disclaim all liability in connection therewith.
MuscleMindz.Fitness reserves the right to modify, review, delete and refuse to post User Content for any reason.
12. Parental Permission
MuscleMindz.Fitness is not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. Without parental permission, we collect only such limited information from children 12 and under necessary to allow us to obtain parental permission. For example, we may also ask a child to provide an email address of a parent so we can notify the parent and seek consent. We will not collect more detailed information from a child 12 and younger, such as a postal address or a telephone number, without the consent of a parent or guardian. You agree to abide by any such restrictions, and not to help anyone avoid such restrictions. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
13. Privacy Policy
We’re committed to protecting your privacy and security. MuscleMindz Fitness Store will NEVER sell your information on to ANY third party. Read our full Privacy Policy.
14. RULES OF CONDUCT
By using the Site, you agree that you will not submit any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is or represents an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) unless specifically authorized by Bodybuilding.com; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; (i) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (j) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the internet.
15. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE MUSCLEMINDZ.FITNESS SITE AND CONTENT
UNLESS PROHIBITED BY APPLICABLE LAW, MUSCLEMINDZ.FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO MUSCLEMINDZ.FITNESS, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. MUSCLEMINDZ.FITNESS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF MUSCLEMINDZ.FITNESS OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT MUSCLEMINDZ.FITNESS OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH MUSCLEMINDZ.FITNESS IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE MUSCLEMINDZ.FITNESS SERVICES.
UNLESS PROHIBITED BY APPLICABLE LAW, MUSCLEMINDZ.FITNESS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT MUSCLEMINDZ.FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MUSCLEMINDZ.FITNESS BE LIABLE TO YOU FOR ANY AMOUNT.
16. ELECTRONIC COMMUNICATION
By using the Site you consent to receive communications from MuscleMindz.Fitness electronically. MuscleMindz.Fitness will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that MuscleMindz.Fitness provides electronically satisfies any legal requirement that such communications be in writing.
17. LINKED THIRD PARTY SITES
Links to other websites operated by third parties, including MuscleMindz.Fitness vendors, do not constitute sponsorship, endorsement, or approval by MuscleMindz.Fitness of the content, policies, or practices of such linked sites. MuscleMindz.Fitness does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.
18. Security Policy
Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and our physical premises. We exercise reasonable care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). However, we cannot guaranty that our measures will completely bar unauthorized access to your information, and by using the Sites you assume this risk.
19. Choice/Opt-Out
If you “opt-in” to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt-out of a feature, you may go back to MuscleMindz.Fitness and unsubscribe. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this policy.
20. Your Acceptance Of These Terms
By using MuscleMindz.Fitness, you signify your acceptance of our Terms of Use and Privacy Policy, your promise to comply with the representations you make and contained in the Privacy Policy and Terms of Use, and your understanding of the scope and limitations of the protections provided under the Privacy Policy and Terms of Use. If you do not agree to these policies, please do not use MuscleMindz.Fitness. Your continued use of MuscleMindz.Fitness following the posting of changes to our Terms of Use or Privacy Policy will mean that you accept those changes.
Last updated December 19th, 2018.