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Terms and Conditions |
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2.
Acceptance of these Terms of Use constitutes a legal agreement between
you and GYMp3
and its related entities. GYMp3 reserves the right to update
or revise the Terms of Use at any time without notice, and such modifications
shall be effective immediately upon posting. You are bound by any revisions
and, therefore, should periodically visit the Website to determine
the then-current Terms of Use to which you are bound. The most current
version
of these Terms of Use can be reviewed by clicking on the "Legal
Notices and Privacy Policy" hyperlink located at the bottom of
the pages on this Website. The most current version of the Terms of
Use will
supersede all previous versions. Your use of the Website after changes
are made means that you agree to be bound by the GYMp3 Terms of Use
and Privacy Policy as they exist at that time. |
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3.
Dealer-sites (“Online Stores”) accessible from the Website,
are published and maintained by affiliates and distribution partners
of GYMp3. Please
note that when you enter any Online Store accessible through this Website,
such Online Stores may have their own terms and conditions of use in
addition to those
of GYMp3. When you access, browse, or use this Website you accept, without
limitation or qualification, the terms and conditions of use set forth
in any Online Store. |
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4.
This Website is only for your personal use. You may not distribute, exchange,
modify, sell, or transmit anything you copy from this Site, including
but not limited to any text, images, audio, and video, for any business,
commercial, or public purpose. As long as you comply with the terms of
these Terms and Conditions of Use, GYMp3 grants you a non-exclusive,
non-transferable, limited right to enter, display, and use this Website.
You agree not to interrupt or attempt to interrupt the operation of this
Site in any way. |
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5.
Ownership. All materials on this Website, including but not limited
to audio, images, software, text, and video clips (the "Content"),
are protected by copyright under U.S. copyright law, international
conventions, and other copyright laws. You cannot use the Content,
except as specified
herein. You agree to follow all instructions on this Website limiting
the way you may use the Content. There are a number of proprietary
logos, service marks, and trademarks found on this Site. By making
them available
on this Website, GYMp3 is not granting you any license to utilize those
proprietary logos, service marks, or trademarks. Any unauthorized use
of the Content may violate copyright laws, trademark laws, the laws
of privacy and publicity, and civil and criminal statutes. Please refer
to our Trademark section for complete details about logos and trademarks
owned by 3rd parties. |
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6.
The content, product and materials for all GYMp3 products and services,
as well as ANY and ALL information presented by GYMp3 on the Website,
in our email correspondence, future newsletters, fulfillment materials,
collateral, diagrams, instructional guides, through contact with customer
service, and any other contact points you have with GYMp3 are not intended
to substitute for or supersede medical counseling, diagnosis, or treatment.
Before implementing and using any of the instructional programs designed
by GYMp3, we ask that you consult with your physician or health care
practitioner. Some diagnoses, treatments and prescriptions given by your
physician or health care practitioner may be in contradiction with certain
exercises and recommendations or information given through GYMp3 products.
All content engineered by GYMp3 and delivered through Online Stores is
intended to assist and motivate consumers with exercise and health related
topics, but such content is not intended to replace or precede any medical
advice or prescription from a licensed medical practitioner. If you are
currently on any prescription medications or have any physical condition
or ailment, please discuss the GYMp3 program and its contents with your
prescribing physician to ensure that any fitness related information
given to you by GYMp3 is appropriate for your condition of health. Customers
agree to not disregard, delay or avoid seeking advice from their physician
when necessary. If you have any health-related questions or questions
about your medications, please discuss them with your physician. |
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7.
Customers agree to pay all fees as outlined on the Online Stores payment
procedures managed by such Online Stores. |
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8.
Some of the hyperlinks on the Website may lead to other websites that
are not controlled by GYMp3. In addition, other websites may link to
this Website. GYMp3 has not reviewed these websites and is not responsible
for the content or privacy policies of these websites. |
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Privacy
In general, our site automatically gathers certain usage information like the numbers and frequency of visitors to GYMp3.com. We only use such data in the aggregate. Please visit our Privacy Policy Overview. |
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Limitation of Liability GYMp3 WORKOUT PROGRAMS ARE DESIGNED FOR PEOPLE IN GOOD PHYSICAL HEALTH. GYMp3 MAKES REASONABLE EFFORTS TO CREATE SAFE WORKOUTS FOR PEOPLE IN GOOD HEALTH. GYMp3 CORP, ITS OFFICERS, DIRECTORS, OR EMPLOYEES ASSUME NO LIABILITY (JOINTLY OR SEVERALLY) OR RESPONSIBILITY FOR ANY CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE USE OF GYMp3 PRODUCTS, SERVICES AND THE WEBSITE. THIS INCLUDES 1) ANY AND ALL ILLNESSES, INJURIES, ACCIDENTS, INCLUDING THOSE ILLNESSES, INJURIES AND ACCIDENTS RESULTING IN DEATH, OR TERMINAL MEDICAL CONDITION THAT OCCUR WHILE USING OR AS A RESULT OF USING GYMp3 PRODUCTS, SERVICES OR GYMp3 WEBSITE, 2) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED, 3) ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR ANY GYMp3 PRODUCTS, OR 4) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE OR THROUGH GYMp3 PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GYMp3’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GYMp3 FOR ANY PRODUCTS OR SERVICES PROVIDED TO YOU THROUGH USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTION, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. |
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Indemnity You agree to defend, indemnify, and hold harmless GYMp3 Corporation, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, expenses, damages, and costs, and reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or your breach of these Terms of Use. GYMp3 shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. |
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Disclaimer
of Warranty GYMp3 MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE AND IN ALL GYMp3 PRODUCTS AND SERVICES. THE MATERIALS CONTAINED ON THE WEBSITE AND THROUGH ALL PRODUCT RELEASES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT DELIVERED THROUGH ANY GYMp3 PRODUCTS, THE WEBSITE; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED THROUGH ANY GYMp3 PRODUCT OR ON THE WEB SITE; OR ANY CONDUCT BY USERS OF THE WEB SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SCOUT AFFILIATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. GYMP3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, LEGALITY, RELIABILITY, OR VALIDITY OF ANY CONTENT ON ANY OTHER WEBSITE. |
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Intellectual Property The elements of this website, including, but not limited to, text, graphics, logos, designs and photographs, are protected by United States and international copyright and trademark or other proprietary rights and laws. They should not be reproduced or used without express permission from GYMp3. The elements of GYMp3 products or services, including text, graphics, logos, designs, videos, fulfillment materials, nutrition and fitness guides, tools, and information, business methods and photographs are protected by United States and international copyright laws. They should not be reproduced, copied, distributed, republished, downloaded, displayed, posted, transmitted, or used in any form or by any means without prior express written permission from GYMp3. |
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Trademarks The trademarks, logos, and service marks (collectively the "Trademarks") listed below are trademarks or service marks of GYMp3 and/or its affiliates. Any other Trademarks used in the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any Trademark displayed on the Website without the written permission of GYMp3 or such third party owner. |
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| GYMp3, ULTIMATEp3, RUNp3, RIDEp3, RELAXp3, HIKEp3- CENTRAL PARKp3, HIKEp3 – RUNYON CANYONp3, GOLDENGATEp3, BEACHp3, DCMALLp3, HYDEPARKp3, Do YOU P3?, TEAMp3, YOGAp3, PILATESp3, DIETp3, ELLIPTICALp3, BIKEp3 are trademarks/service marks of GYMp3. | ||||||||
| iPod
and iTunes logo are trademarks of Apple, Inc. Napster logo is a trademark of Napster, Inc. Sony Connect logo is a trademark of Sony, Inc. Real Rhapsody logo is a trademark of Real Networks, Inc. MSN and MSN logo are trademarks or Microsoft Corporation. Yahoo Music and Yahoo Music logo are trademarks of Yahoo, Inc. NBC's "Friends" are trademarks of NBC Universal, its parent, subsidiary and affiliated companies. GYMp3 makes no endorsement for Mp3 Player devices over others usesd by consumers and offers no evaluation of the manufacturer's product or service. |
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| Updated by the GYMp3 Legal Team on 09/27/05 | ||||||||
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Copyright
2005 © GYMp3, Inc.
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