|Information Provided by Users|
Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. The Ultimate New York Body Plan is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public areas on the Site (including, without limitation, posting on bulletin boards or chat – collectively referred to herein as “Public Areas”). Users hereby grant The Ultimate New York Body Plan an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas.
|Your Access to the Site|
Only registered Users are authorized to access the protected portions of the Site. Access to and use of the Site is restricted to authorized Users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.
|Password and Security|
When Users register with The Ultimate New York Body Plan, each gets to choose a password. Users need a password not only to sign on to the Site, but also to access chat, forums and other applications, and to change preferences (delete, edit or add submitted information, opt in or out of promotions and newsletters, etc.). Each User is responsible for keeping his or her password secret. If someone who says they are The Ultimate New York Body Plan staff asks for any personal account information, including password, check their Profile. If it doesn’t say they are staff, they’re not. If someone gains unauthorized access to an account, change your password (under the member name is a link called “Update” — Users can change their password at the top of the Settings page) and notify The Ultimate New York Body Plan immediately. The Ultimate New York Body Plan is not liable for any loss or damage resulting from your failure to comply with these recommendations.
Users may make a single copy of pages from the Site on their hard drive or in print for their own personal, non-commercial use. No other use of information is authorized. In consideration of this authorization, Users agree that any copy of these materials will retain all copyrights, trademarks and other proprietary notices in the same form and manner as on the original.
All areas of the Site are public and not private communications. The Ultimate New York Body Plan does not endorse chat, postings, conferences and other communications by Users, and such communications shall not be considered reviewed, screened or approved by The Ultimate New York Body Plan. Anytime — with the exception of private email — Users upload to, distribute content or publish through The Ultimate New York Body Plan, they grant The Ultimate New York Body Plan the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy, and whether alone or as part of a collective work. Users shall retain, however, whatever other rights they have in pre-owned elements of such content.
Users acknowledge that any information they post in publicly accessible areas such as message boards, The Ultimate New York Body Plan Chat and The Ultimate New York Body Plan Member Gallerycan be seen and used by anybody. It is Users’ responsibility to protect themselves while on The Ultimate New York Body Plan, as The Ultimate New York Body Plan is not liable for anything that occurs as a result of voluntary communication of personal information.
|Moderation and Termination|
The Site may contain hyperlinks to Web sites operated by parties other than The Ultimate New York Body Plan. Such hyperlinks are provided for reference and convenience only. The Ultimate New York Body Plan does not control such Web sites, and is not responsible for their content. Just because The Ultimate New York Body Plan has hyperlinks to such Web sites does not mean The Ultimate New York Body Plan endorses any of the material on such Web sites, or has any association with their operators.
|Intellectual Property Rights|
All text, graphics, editorial content, data, formatting, graphs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, ‘Proprietary Material’) that Users see or read on the Site is owned by The Ultimate New York Body Plan or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Ultimate New York Body Plan owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called ‘Permitted Uses,’ Users may not copy, download, use or re-transmit anything from the The Ultimate New York Body Plan Site without The Ultimate New York Body Plan’s prior express written permission. Furthermore, Users are not allowed to post or distribute any material they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users to civil or criminal penalties.
In addition, the Site contains material protected by the domestic and international laws of copyright, patents or other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of The Ultimate New York Body Plan and/or the relevant right holder.
|Notice of Trademark Rights|
|Copyright Complaints and Copyright Agent|
The Ultimate New York Body Plan respects the intellectual property of others, and asks Users to do the same. The Ultimate New York Body Plan is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide The Ultimate New York Body Plan’s Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material that you claim is infringing is located. Include enough information to allow The Ultimate New York Body Plan to locate the material and explain why you believe an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Ultimate New York Body Plan’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
c/o The Madison Square Club
210 Fifth Ave
New York, NY 10010
By fax: 212.685.8607
By email: [email protected]
The Ultimate New York Body Plan will terminate access to the Site of those who engage in repeated acts of infringement.
|Disclaimer of Warranties|
USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER The Ultimate New York Body Plan NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. The Ultimate New York Body Plan AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. COMPANY AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE SPECIFIED BY USERS. The Ultimate New York Body Plan CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD The Ultimate New York Body Plan ANY AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. COMPANY AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE
|LIMITATION OF LIABILITY|
IN NO EVENT WILL The Ultimate New York Body Plan, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS’ SOLE REMEDY FOR DISSATISFACTION WITH The Ultimate New York Body Plan IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT The Ultimate New York Body Plan’S AND AFFILIATES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE HIGHER OF $1,000 OR THE LOWEST PERMITTED UNDER APPLICABLE LAW.