Every effort is made to keep FXFitVid.com up and running smoothly. However, FXFitVid.com, LLC takes no responsibility for, and will not be liable for, FXFitVid.com being temporarily unavailable due to technical issues beyond FXFitVid.com, LLC’s control.
FXFitVid.com, LLC may modify this Agreement from time-to-time without notice and such modification shall be effective upon posting on FXFitVid.com. You agree to be bound to any changes to this Agreement when you access and/or use FXFitVid.com, its Services and/or FXFitVid.com Content after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes that may be made from time to time that could affect your rights and privileges.
PLEASE CAREFULLY CHOOSE THE INFORMATION THAT YOU POST ON FXFitVid.com, THE PERSONS YOU PERMIT TO POST YOUR CONTENT TO YOUR PROFILE, AND THAT YOU PROVIDE OR MAKE AVAILABLE FOR ACCESS TO OTHER USERS. Do not post any information about anyone other than yourself, or pose as anyone else, in Your Content. Without limitation, your FXFitVid.com profile may not include the following Content: any photographs/videos/images/documents containing nudity, or obscene, exploitive, lewd, excessively violent, harassing, bullying, bigoted, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, you acknowledge that information and Content provided by other FXFitVid.com Members (for instance, in their Member Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, references, images, products or services, and FXFitVid.com assumes no responsibility or liability for this Member Content. If you become aware of misuse of FXFitVid.com by any person or entity, please contact FXFitVid.com or click on the "Report Inappropriate Content" link at the bottom of any FXFitVid.com page.
FXFitVid.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) and/or attachments made by you, on your behalf, or by a person authorized to use your Profile or to restrict, suspend, or terminate your access to and use of all or any part of FXFitVid.com, including its Services and FXFitVid.com Content, at any time, for any or no reason, with or without prior notice, and without liability. FXFitVid.com expressly reserves the right to remove your Member profile and/or restrict, suspend, or terminate your access to any part of FXFitVid.com, its Services and/or FXFitVid.com Content if FXFitVid.com determines, in its sole discretion, that you pose a threat or danger, or become a menace to, FXFitVid.com and/or any of its Users.
Eligibility. Use of and Membership of FXFitVid.com is void where prohibited. By using FXFitVid.com, its Services and/or FXFitVid.com Content, you represent and warrant that (a) all of the registration information that you provide and submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older or have explicit approval of your parent or guardian to use FXFitVid.com, its Services and FXFitVid.com Content; and (d) your access and/or use of the FXFitVid.com, its Services and FXFitVid.com Content does not violate any applicable law, rule or regulation. Your Member profile may be deleted and your FXFitVid.com Membership may be terminated without warning, if we believe that you have violated any aspect of this Agreement.
Term. This Agreement is binding upon you and shall remain in full force and effect each time you access and/or use FXFitVid.com, its Services, FXFitVid.com Content. You may terminate your FXFitVid.com Membership at any time, for any reason, by following the instructions on the FXFitVid.com Member's Account Settings page. FXFitVid.com may terminate your Membership at any time, without notice or advance warning. Even after Membership is terminated, the terms of this Agreement will remain binding upon you as it relates to your duration as a Member of FXFitVid.com.
Fees. You acknowledge that FXFitVid.com reserves the right to charge for access and use of FXFitVid.com, its Services and/or Content and to change its fees from time-to-time in its discretion. If FXFitVid.com terminates your FXFitVid.com Membership because you have violated the terms of this Agreement, you will not be entitled to a refund of any unused portion of any such fees, if any.
Password. When you sign up to become a Member of FXFitVid.com, you will also be asked to choose a secure password. You are entirely responsible for maintaining the safety and confidentiality of your password. You agree not to use the account, username, or password of another FXFitVid.com Member at any time or to disclose (including via a posting on FXFitVid.com) your password or any other Member’s password to any third party. You agree to notify FXFitVid.com immediately if you suspect any unauthorized use of your Membership account, username or password or unauthorized access to your account. You are solely responsible for any and all access and uses of your Membership account.
Use of FXFitVid.com Information by Members. FXFitVid.com and its Services and FXFitVid.com Content are for the personal use of its Members in good standing only, and may not be used in connection with any commercial or non-commercial endeavors except those that are specifically endorsed or approved in advance by FXFitVid.com. Illegal and/or unauthorized uses of FXFitVid.com, its Services, FXFitVid.com Content and Membership profiles and account information, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to FXFitVid.com is strictly prohibited. Commercial advertisements, metatag placements, affiliate links, and any and all other forms of any solicitation may be removed from your Member profile without notice and may result in termination of your Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of FXFitVid.com, its Services, FXFitVid.com Content and/or FXFitVid.com Member profile information.
Proprietary Rights in Your Content on FXFitVid.com.
FXFitVid.com, LLC does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you or anyone authorized by you posts to FXFitVid.com (“Your Content”) or posted by any other Member (collectively referred to herein as “Member Content”). After posting Your Content to FXFitVid.com, you continue to retain all ownership rights in Your Content, and you continue to have the right to use Your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through FXFitVid.com, you hereby grant to FXFitVid.com, LLC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Your Content solely on and through FXFitVid.com.
Without this license, FXFitVid.com would be unable to provide the FXFitVid.com. For example, without the right to modify Your Content and Member Content, FXFitVid.com would not be able to digitally compress Your Content, including video and image files, that you post, submit or otherwise format to satisfy technical requirements, and without the right to publicly perform Your Content (and the other Member Content), FXFitVid.com could not allow Users to view Your Content or Member Content. The license you grant to FXFitVid.com is non-exclusive (meaning you are free to license Your Content to anyone else in addition to FXFitVid.com), fully-paid and royalty-free (meaning that FXFitVid.com, LLC is not required to pay you for the use of Your Content that you post on FXFitVid.com), sublicensable (so that FXFitVid.com is able to use its affiliates and subcontractors (such as Internet content delivery networks) to provide FXFitVid.com and its Services), and worldwide (because the Internet and FXFitVid.com are global in reach). This license will terminate at the time you remove Your Content from FXFitVid.com. This limited license does not grant FXFitVid.com the right to sell (which, for the sake of clarity, does not include FXFitVid.com subscription fees, if any) your User Content, nor does the license grant FXFitVid.com the right to distribute your User Content outside of FXFitVid.com.
You represent and warrant that: (i) you alone own and control Your Content posted by you or on your behalf, on or through FXFitVid.com or its Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of Your Content on or through FXFitVid.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any of Your Content posted by you or on your behalf to or through FXFitVid.com and/or its Services.
FXFitVid.com and its Services contain FXFitVid.com Content. FXFitVid.com Content is protected by copyright, trademark, patent, trade secret and other laws, and FXFitVid.com owns and retains all rights in the FXFitVid.com Content and the FXFitVid.com Services. FXFitVid.com hereby grants you a non-exclusive, limited, revocable, and non-sublicensable license to reproduce and display the FXFitVid.com Content (excluding any software code) solely for your personal use in connection with viewing FXFitVid.com and using the FXFitVid.com Services.
FXFitVid.com contains Member Content and other FXFitVid.com licensors. Except for Your Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Member or FXFitVid.com Content appearing on FXFitVid.com or through its Services and/or the FXFitVid.com Content.
FXFitVid.com, LLC may delete Your Content and Member Content that in the sole judgment of FXFitVid.com, LLC violates the terms and spirit of this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FXFitVid.com, LLC assumes no responsibility for monitoring Your Content, Member Content, FXFitVid.com or the FXFitVid.com Services for Your inappropriate Content or conduct. If at any time FXFitVid.com chooses, in its sole discretion, to monitor Your Content, Member Content, FXFitVid.com, or the FXFitVid.com Services, FXFitVid.com nonetheless assumes no responsibility for Your Content or any Member Content, no obligation to modify or remove any of Your inappropriate Content, and no responsibility for the conduct of the Users submitting any such Content, including you.
You are solely responsible for Your Content that you post on FXFitVid.com or through any of the FXFitVid.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. FXFitVid.com, LLC does not endorse and has no control over Member Content. Member Content is not necessarily reviewed by FXFitVid.com, LLC prior to posting and does not necessarily reflect the opinions or policies of FXFitVid.com, LLC. FXFitVid.com, LLC makes no warranties, express or implied, as to Your Content or the Member Content or to the accuracy and reliability of Your Content or any material or information that you transmit to other FXFitVid.com Members.
Links and Offers on FXFitVid.com
From time to time, FXFitVid.com may include third party links to websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. FXFitVid.com, LLC is not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by FXFitVid.com, LLC, expressed, implied or otherwise. Under no circumstances is FXFitVid.com liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from FXFitVid.com. These links are provided for your convenience to provide further information. They do not imply or signify that FXFitVid.com, LLC endorses such linked websites. FXFitVid.com, LLC has no responsibility for the content of the linked websites. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while you are accessing and using such websites. FXFitVid.com and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave FXFitVid.com and access these third-party linked sites, you do so at your own risk.
Content/Activity Prohibited The following is a partial list of the kind of Content that is illegal or prohibited to post on or through FXFitVid.com or its Services by you or any other User (collectively, the “Prohibited Content”). FXFitVid.com reserves the right to investigate and take appropriate legal action against anyone who, in FXFitVid.com's sole discretion, violates this provision, including without limitation, removing the offending communication from FXFitVid.com and/or the FXFitVid.com Services and terminating your Membership or that of such Member violators. Prohibited Content includes, but is not limited to Your Content and Member Content that, in the sole discretion of FXFitVid.com, LLC:
The following is a partial list of the kind of activity that is illegal or prohibited on the FXFitVid.com and through your access and/or use of the FXFitVid.com, its Services and/or FXFitVid.com Content. FXFitVid.com, LLC reserves the right to investigate and take appropriate legal action against your or anyone who, in FXFitVid.com, LLC's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Internet Copyright Notice
FXFitVid.com and its Services and FXFitVid.com Content is copyright FXFitVid.com, LLC© 2010. All rights reserved. Any redistribution or reproduction of part or all of FXFitVid.com, its Services, and/or any FXFitVid.com Content in any form is prohibited other than the following:
You may print or download to a local hard drive extracts for your personal and non-commercial use only
You may copy the FXFitVid.com Content to individual third parties for their personal use, but only if you acknowledge FXFitVid.com as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the FXFitVid.com Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to any other person or entity without obtaining the prior written consent of the beneficial rights owner of such proprietary rights. It is the policy of FXFitVid.com, LLC to terminate your FXFitVid.com Membership privileges, and any Member’s privileges, who repeatedly infringes the copyright rights of FXFitVid.com or any other beneficial rights owner upon receipt of proper notification to FXFitVid.com, LLC by the copyright owner or the copyright beneficial owner's legal agent. Without limiting the foregoing, if you believe that Your Content has been copied and posted on FXFitVid.com in a way that constitutes copyright infringement, please provide FXFitVid.com, LLC’s Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the beneficial rights owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on FXFitVid.com; (iv) your address, telephone number, and email address; (v) a written 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 (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FXFitVid.com, LLC's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
11270 Pepper Road
Hunt Valley, MD 21031
By Email: contact@FXFitVid.com
FXFitVid.com Member Disputes.You are solely responsible for your interactions with other FXFitVid.com Members. FXFitVid.com, LLC reserves the right, but has no obligation, to monitor disputes between you and other FXFitVid.com Members.
Disclaimers.FXFitVid.com, LLC does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of any information or materials found or offered on FXFitVid.com for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and FXFitVid.com expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on FXFitVid.com is entirely at your own risk, for which FXFitVid.com shall not be liable. It is your own responsibility to ensure that any products, services or information made available through FXFitVid.com meets your specific requirements. FXFitVid.com contains material which is owned by or licensed to FXFitVid.com, LLC. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement.
FXFitVid.com, LLC is not responsible for any incorrect or inaccurate Member Content posted on FXFitVid.com or in connection with the access or use of the FXFitVid.com Services and/or FXFitVid.com Content, whether caused by FXFitVid.com Users of FXFitVid.com or by any of the equipment or programming associated with or utilized in FXFitVid.com. FXFitVid.com Member Profiles created and posted by Members on FXFitVid.com may contain links to other websites. FXFitVid.com, LLC is not responsible for the linked content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by FXFitVid.com, LLC. Inclusion of any linked website on FXFitVid.com does not imply approval or endorsement of the linked website by FXFitVid.com, LLC. When you access these third-party sites, you do so at your own risk. FXFitVid.com, LLC takes no responsibility for third party advertisements which are posted on FXFitVid.com or through its Services and/or the FXFitVid.com Content, nor does it take any responsibility for the goods or services provided by its advertisers. FXFitVid.com, LLC is not responsible for the conduct, whether online or offline, of any FXFitVid.com User. FXFitVid.com, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any FXFitVid.com User or Member communication. FXFitVid.com, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on FXFitVid.com or combination thereof, including any injury or damage to FXFitVid.com Users or to any person's computer related to or resulting from participation or downloading materials in connection with FXFitVid.com. Under no circumstances shall FXFitVid.com, LLC be responsible for any loss or damage, including personal injury or death, resulting from use of FXFitVid.com, its Services, and/or FXFitVid.com Content, attendance at a FXFitVid.com event, from Your Content or any Member Content posted on or through FXFitVid.com Services, or from the conduct of any Users of FXFitVid.com, whether online or offline. FXFitVid.com, its Services and FXFitVid.com Content are provided "AS-IS" and as available and FXFitVid.com, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FXFitVid.com, LLC cannot warrant and does not promise any specific results from use of FXFitVid.com, its Services and/or FXFitVid.com Content.
Limitation on Liability.IN NO EVENT SHALL FXFitVid.com, LLC BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR ACCESS AND/OR USE OF FXFitVid.com, ITS SERVICES, AND/OR THE FXFitVid.com CONTENT, EVEN IF FXFitVid.com, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FXFitVid.com, LLC'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 ACCESS AND/OR USE FXFitVid.com AND FOR THE TERM OF YOUR FXFitVid.com MEMBERSHIP.
U.S. Export Controls. Software made available in connection with your access of FXFitVid.com and access and use of its Services and/or FXFitVid.com Content (the "Software") is further subject to United States export controls. No Software may be downloaded from FXFitVid.comor otherwise exported or re-exported in violation of U.S. export laws. Accessing, downloading and/or using the Software is at your sole risk.
Disputes.If there is any dispute about or involving your access or use of FXFitVid.com, its Services, and/or FXFitVid.com Content, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, City of Tampa. Either FXFitVid.com, LLC or you may demand that any dispute between FXFitVid.com, LLC and you about or involving FXFitVid.com, its Services and Content must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) then in effect as modified herein, in the city of Tampa, Florida, USA, provided that the foregoing shall not prevent FXFitVid.com, LLC from seeking injunctive relief in a court of competent jurisdiction. You acknowledge that your access and use of FXFitVid.com is based on your acceptance of this material term.
Indemnity.You agree to indemnify and hold FXFitVid.com, LLC, its LLC members, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your access and/or use of FXFitVid.com, its Services and/or FXFitVid.com Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content posted on FXFitVid.com or through the FXFitVid.com Services causes FXFitVid.com, LLC to be liable to another.
Other.This Agreement is accepted upon your access of FXFitVid.com or any of the FXFitVid.com Services and FXFitVid.com Content and is further affirmed by you becoming a FXFitVid.com Member. This Agreement constitutes the entire agreement between you and FXFitVid.com, LLC regarding the use of FXFitVid.com. The failure of FXFitVid.com, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect. FXFitVid.com is a trademark of FXFitVid.com, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.