LAST UPDATED: AUGUST 8, 2012
CHANGES TO TERMS AND CONDITIONS
REALITY LIFESTYLE MEDIA INC., RESERVES THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE AND CONTENT FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
1. LIVEexercise use and membership requirements 2. Limitation of liability 3. Medical Warning And Release 4. Rules of conduct 5. Unauthorized access 6. Use resitrictions 7. Password and security 8. Links to third party websites 9. Intellectual property rights 10. Disclaimer of warranties 11. Applicable Law 12. Indemnification 13. Cancellation Policy 14. Refund Policy 15. Violation of terms 16. Entire Agreement
1. Use and Membership Requirements
AGE REQUIREMENT: Members must be at least 18 years old to use the LIVEexercise.com service
Members younger than 18 years old must provide (Via email) a permission form signed by a parent or legal guardian. Please print our the under age permission form HERE then scan it and email it to support@LIVEexercise.com
2. Limitation of Liability
Any and all LIVEexercise content provided on this website or other media sources is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement or arising from a course of dealing, usage trade or practice.
Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this Site or other media sources could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. REALITY LIFESTYLE MEDIA, INC., uses reasonable efforts to include accurate and timely information on this web site and periodically updates the information without notice. However, REALITY LIFESTYLE MEDIA, INC., makes no warranties or representations as to the accuracy or completeness of such information, and REALITY LIFESTYLE MEDIA, INC., assumes no liability or responsibility for errors or omissions in the content of this web site.
Your use of LIVEexercise content is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall REALITY LIFESTYLE MEDIA, INC., be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of LIVEexercise content. REALITY LIFESTYLE MEDIA, INC., also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing within this Site, or other media sources, or your downloading of any materials, data, text, images, video, or audio from this Site or other media sources. In no event shall REALITY LIFESTYLE MEDIA, INC., be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if REALITY LIFESTYLE MEDIA, INC., has been informed of the possibility thereof.
3. Medical Warning, Disclaimer, And Release
The content of LIVEexercise.com is provided for information purposes only. While obtained from sources that REALITY LIFESTYLE MEDIA, INC., believes to be reliable, REALITY LIFESTYLE MEDIA, INC., does not guarantee the accuracy of, or assume any liability for, the content of any articles, product descriptions or other materials on the site. REALITY LIFESTYLE MEDIA, INC., does not guarantee or warrant any specific test, product, or procedure presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Reliance upon any information or use of any products presented on the LIVEexercise.com site is solely at your own risk. Neither the content of, nor any service offered on or through LIVEexercise.com, should be relied upon for medical diagnosis, treatment or as a substitute for professional medical advice. REALITY LIFESTYLE MEDIA, INC., is not engaged in the rendering of medical advice or services. Never disregard medical advice or delay seeking such advice because of something that you read on LIVEexercise.com or other media sources.
By your use of this site, you certify that (1) you have read and agree to the above terms; (2) you have received consent from your physician to participate in these activities and use these products; (3) acknowledge that you do so voluntarily and at your own risk; and (4) agree to release and relieve REALITY LIFESTYLE MEDIA, INC., and LIVEexercise.com of any and all liability for any injuries, claims or damages arising out of your use thereof.
You agree to indemnify, defend and hold harmless REALITY LIFESTYLE MEDIA, INC., its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use this website or its Content, or any violation by you of this Agreement.
5.Rules Of Conduct
DISRESPECTFUL, ABUSIVE, DEGRADING, VIOLENT, VULGAR, SEXUALLY EXPLICIT OR OTHERWISE PATENTLY OFFENSIVE CONTENT OF ANY KIND WILL NOT BE TOLERATED AND IS GROUNDS FOR IMMEDIATE TERMINATION. MEMBERS ARE EXPECTED TO CONDUCT THEMSELVES CIVILLY AND RESPECTFULLY.
Members are charged with being familiar with these Rules of Conduct. Use of the website/forum constitutes acknowledgement of them and all website/forum users will be held to these Rules of Conduct.
General Website/forum Rules
- REALITY LIFESTYLE MEDIA, INC., does not permit posts containing hate speech, personal attacks, threats of violence, vulgarity, sexually explicit content (words or images), harassment of any kind or any otherwise offensive content. REALITY LIFESTYLE MEDIA, INC., and/or its site moderators will be the sole arbiter of such content. Posts not following this primary rule will be deleted and users may be suspended or terminated in accordance with this site’s Terms of Service.
- Users should discuss issues, not each other. Personal attacks of any kind will not be tolerated.
- Please stay on topic to the best of your ability.
- Posts relating to religious or racial topics will be deleted. Period.
- Posts relating to politics are prohibited.
- Users may not have multiple accounts. Violation of this rule may lead to all of the offending accounts being deleted.
- Do not post any personally identifying information about another user under any circumstances. This is ground for immediate suspension or termination.
- LIVEexercise.com may not be used to advertise goods, services or other websites, except as expressly permitted in these Rules of Conduct.
- Posts on this website/forum are publicly available and you are responsible for your own comments. REALITY LIFESTYLE MEDIA, INC., Bodylastics International, Inc. and LIVEexercise.com accept no responsibility for the content of user comments. Harm resulting to a user based upon his/her own comments will not be the basis of any claim of any kind against REALITY LIFESTYLE MEDIA, INC., Bodylastics International, Inc. or LIVEexercise.com.
- Use of this website constitutes acceptance of these Rules of Conduct and the Terms of Service. Either may be modified at any time, without notice and you should check them periodically. If you disagree with any Rules or Terms, your only recourse is to refrain from using this site.
6. Unauthorized Access
Unauthorized attempts to modify, add to or subtract from any information stored on, accessed on/through or collected by this website, to defeat or circumvent security features, or to utilize the site for other than its intended purposes are prohibited and may result in criminal prosecution. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content.
Unauthorized downloading or otherwise copying any video content on this site is expressly prohibited. Redistribution of any content from this site, regardless of media source, is expressly prohibited except as permitted by REALITY LIFESTYLE MEDIA, INC., in writing, prior to such redistribution.
7. Use Restrictions
As a condition of your use of this web site, you agree that you will not use this website or the information or software contained in it for any purpose that is unlawful or prohibited by the terms and conditions listed.
8. Password And Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the site, and are fully responsible for all activities that occur under your password(s). You agree to notify support@LIVEexercise.com immediately of any unauthorized use of your password(s).
REALITY LIFESTYLE MEDIA, INC., is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.
9. Links To Third-Party Websites
10. Intellectual Property Rights
It is the policy of REALITY LIFESTYLE MEDIA, INC., to respect the intellectual property rights of others; we take those rights very seriously and require that our users do the same. REALITY LIFESTYLE MEDIA, INC., may terminate access to the site, including the accounts of those who appear to infringe the intellectual property rights of others, and/or REALITY LIFESTYLE MEDIA, INC., may remove content that has prompted such a complaint.
The LIVEexercise content on this website and other media sources, including but not limited to videos, text and graphics (“CONTENT”), as well as the color selections, organization and layout of this site (“LOOK AND FEEL”), are copyrighted and are protected by United States and international copyright laws and treaty provisions. No right, title or interest in any of the Content, Look and Feel, or any other material contained on this website is transferred to you as a result of your accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from or frame in another website, use on any other website, transfer or sell any information obtained from this website, without express written permission from REALITY LIFESTYLE MEDIA, INC.
The site may contain trademarks and service marks owned by REALITY LIFESTYLE MEDIA, INC. The site and all such trademarks and service marks shall at all times remain the property of REALITY LIFESTYLE MEDIA, INC. Access to the site does not give you a right to copy or use any intellectual property of REALITY LIFESTYLE MEDIA, INC. You may only use such intellectual property as expressly authorized in writing by REALITY LIFESTYLE MEDIA, INC.
The preceding terms expressly apply, but are not limited to, the practices of “screen scraping”, “database scraping” and any similar practice.
REALITY LIFESTYLE MEDIA, INC., retains the right to prosecute any unauthorized use to the fullest extent possible under applicable law.
By transmitting any content to this website, you warrant that you have the right to do so and you grant to REALITY LIFESTYLE MEDIA, INC., its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license to distribute, display, broadcast, or reproduce that content or to use or distribute that content in any manner, and to authorize the downloading and printing of a copy of the content by end users for their individual non-commercial use.
Third Party Intellectual Property and DMCA
It is our policy to respond to clear notices of alleged copyright infringement and/or counter-notifications under the guidance of the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit REALITY LIFESTYLE MEDIA, INC., to contact you, including at least e-mail and telephone number.
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the communication.
- Email your communication to: support@LIVEexercise.com
- Counter-notices must clearly state information sufficient to allow REALITY LIFESTYLE MEDIA, INC., to act upon them, must include a signature and should be emailed to the address above.
11. Disclaimer Of Warranties
REALITY LIFESTYLE MEDIA, INC., makes no express or implied warranties, representations or endorsements whatsoever with respect to this site or its content. REALITY LIFESTYLE MEDIA, INC., expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, its content and any services provided by the site or other media sources. REALITY LIFESTYLE MEDIA, INC., does not warrant that the LIVEexercise functions performed by the site or other media sources will be uninterrupted, timely, secure or error-free. REALITY LIFESTYLE MEDIA, INC., does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
12. Applicable Law
Any and all disputes relating to this Agreement, your use of the LIVEexercise content, any other REALITY LIFESTYLE MEDIA, INC., website, are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Florida (USA) for any litigation arising out of or relating to the use of the content, waive any objection to the venue of any such litigation in the State of Florida courts and agree not to plead or claim in any State of Florida court that such litigation brought therein has been brought in an inconvenient forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
13. Cancellation Policy
You may cancel your membership to LIVEexercise.com at any time. This can be done by clicking on the “account” link on the upper right corner or bottom of the page. Cancellation requests must be made 3 business days before your billing date to guarantee that you will not be billed in the next cycle.
When you cancel your membership you will no longer be able to access the premium features of the Members Area.
14. Refund Policy
All LIVEexercise.com subscriptions carry a 30-day Money back Guarantee. If you are not 100% satisfied with the service please contact support@LIVEexercise.com you’re your account information. Customer service will then complete your refund request.
16. Entire Agreement