Date Effective: September, 2020, as
amended December, 2020
General
We reserve the right to change these
Terms of Service or to impose new
conditions on use of the Site, from
time to time, in which case we will
post the revised Terms of Service on
this website. By continuing to use
the Site after we post any such
changes, you accept the Terms of
Service, as modified.
Intellectual Property Rights
Our Limited License to You.
This Site and all the materials
available on the Site are the
property of us and/or our affiliates
or licensors, and are protected by
copyright, trademark, and other
intellectual property laws. The Site
is provided solely for your personal
noncommercial use. You may not use
the Site or the materials available
on the Site in a manner that
constitutes an infringement of our
rights or that has not been
authorized by us. More specifically,
unless explicitly authorized in
these Terms of Service or by the
owner of the materials, you may not
modify, copy, reproduce, republish,
upload, post, transmit, translate,
sell, create derivative works,
exploit, or distribute in any manner
or medium (including by email or
other electronic means) any material
from the Site. You may, however,
from time to time, download and/or
print one copy of individual pages
of the Site for your personal,
non-commercial use, provided that
you keep intact all copyright and
other proprietary notices.
Your License to Us. By posting
or submitting any material
(including, without limitation,
comments, blog entries, Facebook
postings, photos and videos) to us
via the Site, internet groups,
social media venues, or to any of
our staff via email, text or
otherwise, you are representing: (i)
that you are the owner of the
material, or are making your posting
or submission with the express
consent of the owner of the
material; and (ii) that you are
thirteen years of age or older. In
addition, when you submit, email,
text or deliver or post any
material, you are granting us, and
anyone authorized by us, a
royalty-free, perpetual,
irrevocable, non-exclusive,
unrestricted, worldwide license to
use, copy, modify, transmit, sell,
exploit, create derivative works
from, distribute, and/or publicly
perform or display such material, in
whole or in part, in any manner or
medium, now known or hereafter
developed, for any purpose. The
foregoing grant shall include the
right to exploit any proprietary
rights in such posting or
submission, including, but not
limited to, rights under copyright,
trademark, service mark or patent
laws under any relevant
jurisdiction. Also, in connection
with the exercise of such rights,
you grant us, and anyone authorized
by us, the right to identify you as
the author of any of your postings
or submissions by name, email
address or screen name, as we deem
appropriate.
You acknowledge and agree that any
contributions originally created by
you for us shall be deemed a “work
made for hire” when the work
performed is within the scope of the
definition of a work made for hire
in Section 101 of the United States
Copyright Law, as amended. As such,
the copyrights in those works shall
belong to COMPANY from their
creation. Thus, COMPANY shall be
deemed the author and exclusive
owner thereof and shall have the
right to exploit any or all of the
results and proceeds in any and all
media, now known or hereafter
devised, throughout the universe, in
perpetuity, in all languages, as
COMPANY determines. In the event
that any of the results and proceeds
of your submissions hereunder are
not deemed a “work made for hire”
under Section 101 of the Copyright
Act, as amended, you hereby, without
additional compensation, irrevocably
assign, convey and transfer to
COMPANY all proprietary rights,
including without limitation, all
copyrights and trademarks throughout
the universe, in perpetuity in every
medium, whether now known or
hereafter devised, to such material
and any and all right, title and
interest in and to all such
proprietary rights in every medium,
whether now known or hereafter
devised, throughout the universe, in
perpetuity. Any posted material
which are reproductions of prior
works by you shall be co-owned by
us.
You acknowledge that COMPANY has the
right but not the obligation to use
and display any postings or
contributions of any kind and that
COMPANY may elect to cease the use
and display of any such materials
(or any portion thereof), at any
time for any reason whatsoever.
Limitations on Linking and
Framing. You may establish a
hypertext link to the Site so long
as the link does not state or imply
any sponsorship of your site by us
or by the Site. However, you may
not, without our prior written
permission, frame or inline link any
of the content of the Site, or
incorporate into another website or
other service any of our material,
content or intellectual property.
Disclaimers
Throughout the Site, we may provide
links and pointers to Internet sites
maintained by third parties. Our
linking to such third-party sites
does not imply an endorsement or
sponsorship of such sites, or the
information, products or services
offered on or through the sites. In
addition, neither we nor affiliates
operate or control in any respect
any information, products or
services that third parties may
provide on or through the Site or on
websites linked to by us on the
Site.
If applicable, any opinions, advice,
statements, services, offers, or
other information or content
expressed or made available by third
parties, including information
providers, are those of the
respective authors or distributors,
and not COMPANY. Neither COMPANY nor
any third-party provider of
information guarantees the accuracy,
completeness, or usefulness of any
content. Furthermore, COMPANY
neither endorses nor is responsible
for the accuracy and reliability of
any opinion, advice, or statement
made on any of the Sites by anyone
other than an authorized COMPANY
representative while acting in
his/her official capacity.
THE INFORMATION, PRODUCTS AND
SERVICES OFFERED ON OR THROUGH THE
SITE AND BY COMPANY AND ANY
THIRD-PARTY SITES ARE PROVIDED “AS
IS” AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS
SITE, INCLUDING BULLETIN BOARDS, OR
THE SERVERS THAT MAKE IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE
OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
The messaging regarding Fabian
Petrina recounts his personal
fitness journey. It is substantially
based upon his own life story.
Certain creative license is used to
make his story entertaining; to
integrate scientific principles;
and, to explain the “Density
Stacking” process. The Basement Beat
program evolved from Petrina’s
personal experiences. Your results
will depend on your age, fitness
level, dedication, diet, lifestyle
and attention to the details of the
program.
You agree at all times to defend,
indemnify and hold harmless COMPANY
its affiliates, their successors,
transferees, assignees and licensees
and their respective parent and
subsidiary companies, agents,
associates, officers, directors,
shareholders and employees of each
from and against any and all claims,
causes of action, damages,
liabilities, costs and expenses,
including legal fees and expenses,
arising out of or related to your
breach of any obligation, warranty,
representation or covenant set forth
herein.
Online Commerce
Certain sections of the Site may
allow you to purchase many different
types of products and services
online that are provided by third
parties. We are not responsible for
the quality, accuracy, timeliness,
reliability or any other aspect of
these products and services. If you
make a purchase from a merchant on
the Site or on a site linked to by
the Site, the information obtained
during your visit to that merchant’s
online store or site, and the
information that you give as part of
the transaction, such as your credit
card number and contact information,
may be collected by both the
merchant and us. A merchant may have
privacy and data collection
practices that are different from
ours. We have no responsibility or
liability for these independent
policies. In addition, when you
purchase products or services on or
through the Site, you may be subject
to additional terms and conditions
that specifically apply to your
purchase or use of such products or
services. For more information
regarding a merchant, its online
store, its privacy policies, and/or
any additional terms and conditions
that may apply, visit that
merchant’s website and click on its
information links or contact the
merchant directly. You release us
and our affiliates from any damages
that you incur, and agree not to
assert any claims against us or
them, arising from your purchase or
use of any products or services made
available by third parties through
the Site.
Your participation, correspondence or
business dealings with any third
party found on or through our Site,
regarding payment and delivery of
specific goods and services, and any
other terms, conditions,
representations or warranties
associated with such dealings, are
solely between you and such third
party. You agree that COMPANY shall
not be responsible or liable for any
loss, damage, or other matters of
any sort incurred as the result of
such dealings.
You agree to be financially
responsible for all purchases made
by you or someone acting on your
behalf through the Site. You agree
to use the Site and to purchase
services or products through the
Site for legitimate, non-commercial
purposes only. You also agree not to
make any purchases for speculative,
false or fraudulent purposes or for
the purpose of anticipating demand
for a particular product or service.
You agree to only purchase goods or
services for yourself or for another
person for whom you are legally
permitted to do so. When making a
purchase for a third party that
requires you to submit the third
party’s personal information to us
or a merchant, you represent that
you have obtained the express
consent of such third party to
provide such third party’s personal
information.
Interactive Features
This Site may include a variety of
features, such as bulletin boards,
web logs, chat rooms, and email
services, which allow feedback to us
and real-time interaction between
users, and other features which
allow users to communicate with
others. Responsibility for what is
posted on bulletin boards, web logs,
chat rooms, and other public posting
areas on the Site, or sent via any
email services on the Site, lies
with each user – you alone are
responsible for the material you
post or send. We do not control the
messages, information or files that
you or others may provide through
the Site. It is a condition of your
use of the Site that you do not:
-
Restrict or inhibit any other
user from using and enjoying the
Site.
- Use the
Site to impersonate any person
or entity, or falsely state or
otherwise misrepresent your
affiliation with a person or
entity.
-
Interfere with or disrupt any
servers or networks used to
provide the Site or its
features, or disobey any
requirements, procedures,
policies or regulations of the
networks we use to provide the
Site.
- Use the
Site to instigate or encourage
others to commit illegal
activities or cause injury or
property damage to any person.
- Gain
unauthorized access to the Site,
or any account, computer system,
or network connected to this
Site, by means such as hacking,
password mining or other illicit
means.
- Obtain
or attempt to obtain any
materials or information through
any means not intentionally made
available through this Site.
- Use the
Site to post or transmit any
unlawful, threatening, abusive,
libelous, defamatory, obscene,
vulgar, pornographic, profane or
indecent information of any
kind, including without
limitation any transmissions
constituting or encouraging
conduct that would constitute a
criminal offense, give rise to
civil liability or otherwise
violate any local, state,
national or international law.
- Use the
Site to post or transmit any
information, software or other
material that violates or
infringes upon the rights of
others, including material that
is an invasion of privacy or
publicity rights or that is
protected by copyright,
trademark or other proprietary
right, or derivative works with
respect thereto, without first
obtaining permission from the
owner or rights holder.
- Use the
Site to post or transmit any
information, software or other
material that contains a virus
or other harmful component.
- Use the
Site to post, transmit or in any
way exploit any information,
software or other material for
commercial purposes, or that
contains advertising.
- Use the
Site to advertise or solicit to
anyone to buy or sell products
or services, or to make
donations of any kind, without
our express written approval.
- Gather
for marketing purposes any email
addresses or other personal
information that has been posted
by other users of the Site.
COMPANY may host message boards,
chats and other private/public
forums on its Sites and on other
platforms. Any user failing to
comply with the terms and conditions
of this Agreement may be expelled
from and refused continued access
to, the message boards, groups,
chats or other such forums in the
future. COMPANY or its designated
agents may remove or alter any
user-created content at any time for
any reason. Message boards, chats
and other public forums are intended
to serve as discussion centers for
users and subscribers. Information
and content posted within these
public forums may be provided by
COMPANY staff, COMPANY’s outside
contributors, or by users not
connected with COMPANY, some of whom
may employ anonymous user names.
COMPANY expressly disclaims all
responsibility and endorsement and
makes no representation as to the
validity of any opinion, advice,
information or statement made or
displayed in these forums by third
parties, nor are we responsible for
any errors or omissions in such
postings, or for hyperlinks embedded
in any messages. Under no
circumstances will we, our
affiliates, suppliers or agents be
liable for any loss or damage caused
by your reliance on information
obtained through these forums. The
opinions expressed in these forums
are solely the opinions of the
participants, and do not reflect the
opinions of COMPANY or any of its
subsidiaries or affiliates.
COMPANY has no obligation whatsoever
to monitor any of the content or
postings on the message boards, chat
rooms or other public forums on the
Sites. However, you acknowledge and
agree that we have the absolute
right to monitor the same at our
sole discretion. In addition, we
reserve the right to alter, edit,
refuse to post or remove any
postings or content, in whole or in
part, for any reason and to disclose
such materials and the circumstances
surrounding their transmission to
any third party in order to satisfy
any applicable law, regulation,
legal process or governmental
request and to protect ourselves,
our clients, sponsors, users and
visitors.
Registration
To access certain features of the
Site, we may ask you to provide
certain demographic information
including your gender, year of
birth, zip code and country. In
addition, if you elect to sign-up
for a particular feature of the
Site, such as chat rooms, web logs,
or bulletin boards, you may also be
asked to register with us on the
form provided and such registration
may require you to provide
personally identifiable information
such as your name and email address.
You agree to provide true, accurate,
current and complete information
about yourself as prompted by the
Site’s registration form. If we have
reasonable grounds to suspect that
such information is untrue,
inaccurate, or incomplete, we have
the right to suspend or terminate
your account and refuse any and all
current or future use of the Site
(or any portion thereof). Our use of
any personally identifiable
information you provide to us as
part of the registration process is
governed by the terms of our Privacy
Policy.
Passwords
To use certain features of the Site,
you will need a username and
password, which you will receive
through the Site’s registration
process. You are responsible for
maintaining the confidentiality of
the password and account, and are
responsible for all activities
(whether by you or by others) that
occur under your password or
account. You agree to notify us
immediately of any unauthorized use
of your password or account or any
other breach of security, and to
ensure that you exit from your
account at the end of each session.
We cannot and will not be liable for
any loss or damage arising from your
failure to protect your password or
account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND PARENT
COMPANIES OR AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THE SITE,
INCLUDING OUR MESSAGING, BLOGS,
COMMENTS OF OTHERS, BOOKS, EMAILS,
PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS, OR
SERVICES MADE AVAILABLE THROUGH THE
SITE OR BY US IN ANY WAY, 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, OUR LIABILITY
AND THE LIABILITY OF OUR SUBSIDIARY
AND PARENT COMPANIES OR AFFILIATES
IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY
MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE’S
TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE AND THE PRODUCTS,
SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER
DEVELOPMENT AND COMPANY MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR
ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO
HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS,
FITNESS AND NUTRITIONAL INFORMATION
AND IS DESIGNED FOR EDUCATIONAL
PURPOSES ONLY. YOU SHOULD NOT RELY
ON THIS INFORMATION AS A SUBSTITUTE
FOR, NOR DOES IT REPLACE,
PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT. IF YOU HAVE
ANY CONCERNS OR QUESTIONS ABOUT YOUR
HEALTH, YOU SHOULD ALWAYS CONSULT
WITH A PHYSICIAN OR OTHER
HEALTH-CARE PROFESSIONAL. DO NOT
DISREGARD, AVOID OR DELAY OBTAINING
MEDICAL OR HEALTH RELATED ADVICE
FROM YOUR HEALTH-CARE PROFESSIONAL
BECAUSE OF SOMETHING YOU MAY HAVE
READ ON THIS SITE. THE USE OF ANY
INFORMATION PROVIDED ON THIS SITE IS
SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE
OR AVAILABLE THROUGH ANY SERVICES
ARE INTENDED TO BE, AND MUST NOT BE
TAKEN TO BE, THE PRACTICE OF MEDICAL
OR COUNSELING CARE. FOR PURPOSES OF
THIS AGREEMENT, THE PRACTICE OF
MEDICINE AND COUNSELING INCLUDES,
WITHOUT LIMITATION, PSYCHIATRY,
PSYCHOLOGY, PSYCHOTHERAPY, OR
PROVIDING HEALTH CARE TREATMENT,
INSTRUCTIONS, DIAGNOSIS, PROGNOSIS
OR ADVICE.
Termination
We may cancel or terminate your right
to use the Site or any part of the
Site at any time without notice. In
the event of cancellation or
termination, you are no longer
authorized to access the part of the
Site affected by such cancellation
or termination. The restrictions
imposed on you with respect to
material downloaded from the Site,
and the disclaimers and limitations
of liabilities set forth in these
Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service
or ticket to an event may or may not
provide for any refund. Each
specific product, service, event or
course will specify its own refund
policy.
Digital Millennium Copyright
Act
The Digital Millennium Copyright Act
of 1998 (the “DMCA”) provides
recourse for copyright owners who
believe that material appearing on
the Internet infringes their rights
under the U.S. copyright law. If you
believe in good faith that materials
hosted by COMPANY infringe your
copyright, you, or your agent may
send to COMPANY a notice requesting
that the material be removed or
access to it be blocked. Any
notification by a copyright owner or
a person authorized to act on its
behalf that fails to comply with
requirements of the DMCA shall not
be considered sufficient notice and
shall not be deemed to confer upon
COMPANY actual knowledge of facts or
circumstances from which infringing
material or acts are evident. If you
believe in good faith that a notice
of copyright infringement has been
wrongly filed against you, the DMCA
permits you to send to COMPANY a
counter-notice. All notices and
counter notices must meet the then
current statutory requirements
imposed by the DMCA; see
http://www.loc.gov/copyright for
details. COMPANY’s Copyright Agent
for notice shall be
support@basementbeast.com
Assignment
This Agreement shall be binding upon
and inure to the benefit of COMPANY
and our respective assigns,
successors, heirs, and legal
representatives. Neither this
Agreement nor any rights hereunder
may be assigned without the prior
written consent of COMPANY
Notwithstanding the foregoing, all
rights and obligations under this
Agreement may be freely assigned by
COMPANY to any affiliated entity or
any of its wholly owned
subsidiaries.
Dispute Resolution
These Terms of Use shall be governed
by and construed in accordance with
the laws of the State of Hawaii and
any dispute shall be subject to
binding arbitration in Honolulu,
Hawaii. If any provision of this
agreement shall be unlawful, void or
for any reason unenforceable, then
that provision shall be deemed
severable from this agreement and
shall not affect the validity and
enforceability of any remaining
provisions.
Class Action Waiver
You may only resolve disputes with us
on an individual basis, and may not
bring a claim as a plaintiff or a
class member in a class,
consolidated, or representative
action. Class arbitrations, class
actions, private attorney general
actions, and consolidation with
other arbitrations aren’t allowed.
The arbitrator may not consolidate
more than one person’s claims, and
may not otherwise preside over any
form of a class or representative
proceeding or claims (such as a
class action, consolidated action or
private attorney general action)
unless all relevant parties
specifically agree to do so
following initiation of the
arbitration.
Severability
If any clause within these Terms of
Service (other than the Class Action
Waiver clause above) is found to be
illegal or unenforceable, that
clause will be severed from these
Terms of Service, and the remainder
of these Terms of Service will be
given full force and effect. If the
Class Action Waiver clause is found
to be illegal or unenforceable, this
entire Provision will be
unenforceable and the dispute will
be decided by a court.
Date Effective: September, 2020, as
amended December, 2020
General
This website (the “Site”) is owned
and operated by Rapid Physique,
LLC d/b/a Basement Beast
(“COMPANY” “we” or “us”). By
using the Site, you agree to be
bound by these Terms of Service and
to use the Site in accordance with
these Terms of Service, our Privacy
Policy, our Shipping Policy, our
Return Policy and any additional
terms and conditions that may apply
to specific sections of the Site or
to products and services available
through the Site or from COMPANY.
Accessing the Site, in any manner,
whether automated or otherwise,
constitutes use of the Site and your
agreement to be bound by these Terms
of Service.
We reserve the right to change these
Terms of Service or to impose new
conditions on use of the Site, from
time to time, in which case we will
post the revised Terms of Service on
this website. By continuing to use
the Site after we post any such
changes, you accept the Terms of
Service, as modified.
Intellectual Property Rights
Our Limited License to You.
This Site and all the materials
available on the Site are the
property of us and/or our affiliates
or licensors, and are protected by
copyright, trademark, and other
intellectual property laws. The Site
is provided solely for your personal
noncommercial use. You may not use
the Site or the materials available
on the Site in a manner that
constitutes an infringement of our
rights or that has not been
authorized by us. More specifically,
unless explicitly authorized in
these Terms of Service or by the
owner of the materials, you may not
modify, copy, reproduce, republish,
upload, post, transmit, translate,
sell, create derivative works,
exploit, or distribute in any manner
or medium (including by email or
other electronic means) any material
from the Site. You may, however,
from time to time, download and/or
print one copy of individual pages
of the Site for your personal,
non-commercial use, provided that
you keep intact all copyright and
other proprietary notices.
Your License to Us. By posting
or submitting any material
(including, without limitation,
comments, blog entries, Facebook
postings, photos and videos) to us
via the Site, internet groups,
social media venues, or to any of
our staff via email, text or
otherwise, you are representing: (i)
that you are the owner of the
material, or are making your posting
or submission with the express
consent of the owner of the
material; and (ii) that you are
thirteen years of age or older. In
addition, when you submit, email,
text or deliver or post any
material, you are granting us, and
anyone authorized by us, a
royalty-free, perpetual,
irrevocable, non-exclusive,
unrestricted, worldwide license to
use, copy, modify, transmit, sell,
exploit, create derivative works
from, distribute, and/or publicly
perform or display such material, in
whole or in part, in any manner or
medium, now known or hereafter
developed, for any purpose. The
foregoing grant shall include the
right to exploit any proprietary
rights in such posting or
submission, including, but not
limited to, rights under copyright,
trademark, service mark or patent
laws under any relevant
jurisdiction. Also, in connection
with the exercise of such rights,
you grant us, and anyone authorized
by us, the right to identify you as
the author of any of your postings
or submissions by name, email
address or screen name, as we deem
appropriate.
You acknowledge and agree that any
contributions originally created by
you for us shall be deemed a “work
made for hire” when the work
performed is within the scope of the
definition of a work made for hire
in Section 101 of the United States
Copyright Law, as amended. As such,
the copyrights in those works shall
belong to COMPANY from their
creation. Thus, COMPANY shall be
deemed the author and exclusive
owner thereof and shall have the
right to exploit any or all of the
results and proceeds in any and all
media, now known or hereafter
devised, throughout the universe, in
perpetuity, in all languages, as
COMPANY determines. In the event
that any of the results and proceeds
of your submissions hereunder are
not deemed a “work made for hire”
under Section 101 of the Copyright
Act, as amended, you hereby, without
additional compensation, irrevocably
assign, convey and transfer to
COMPANY all proprietary rights,
including without limitation, all
copyrights and trademarks throughout
the universe, in perpetuity in every
medium, whether now known or
hereafter devised, to such material
and any and all right, title and
interest in and to all such
proprietary rights in every medium,
whether now known or hereafter
devised, throughout the universe, in
perpetuity. Any posted material
which are reproductions of prior
works by you shall be co-owned by
us.
You acknowledge that COMPANY has the
right but not the obligation to use
and display any postings or
contributions of any kind and that
COMPANY may elect to cease the use
and display of any such materials
(or any portion thereof), at any
time for any reason whatsoever.
Limitations on Linking and
Framing. You may establish a
hypertext link to the Site so long
as the link does not state or imply
any sponsorship of your site by us
or by the Site. However, you may
not, without our prior written
permission, frame or inline link any
of the content of the Site, or
incorporate into another website or
other service any of our material,
content or intellectual property.
Disclaimers
Throughout the Site, we may provide
links and pointers to Internet sites
maintained by third parties. Our
linking to such third-party sites
does not imply an endorsement or
sponsorship of such sites, or the
information, products or services
offered on or through the sites. In
addition, neither we nor affiliates
operate or control in any respect
any information, products or
services that third parties may
provide on or through the Site or on
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Dispute Resolution
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Class Action Waiver
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