RateYourBurn | Terms and Conditions

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Terms and Conditions

Terms and Conditions
1. Terms
RATEYOURBURN LLC ( “RYB”) provides a collection of online resources including informational articles, blogs, forums, commentary and other interactive services in the field of physical fitness (the “Services”). By accessing the Services through RYB’s website, www.RateYourBurn.com (the “Website”), you are agreeing to be bound by the following Terms and Conditions of Use (the “TOU”) and all applicable federal, state and local laws and regulations. If you do not agree with any of these terms, your only recourse is to immediately discontinue use of the Website. RYB has the right, but is not obligated, to enforce the TOU through self-help, community moderation, active investigation, litigation and/or prosecution.
2. Modifications
RYB reserves the right to modify the TOU at any time, and without actual notice to you. Such modifications shall become effective upon the posting thereof on the Website. Your use of the Website and/or the Services following any modification to the TOU constitutes your acceptance of the modified TOU. You can find the most recent version of the TOU by accessing the following link: http://www.rateyourburn.com/page/terms.aspx
3. Content and Contributions
The Website contains both proprietary content of RYB (“Content”) as well as user-contributed materials (“Contributions”). The materials appearing on the Website and/or available through the Services, including but not limited to the Content and/or the Contributions may include technical, typographical, or photographic errors. RYB does not warrant that any such materials are accurate, complete, or current. RYB may make changes to these materials at any time without notice, but does not warrant or represent any obligation to do so.
4. Use of Content
Certain elements of the Website and the Content are owned exclusively by RYB, all rights reserved. Use of the materials and/or Content available on the Website and/or through the Services is at your own risk. Your access and use of the Content is governed by the TOU, and any use of the Content not explicitly permitted under the TOU constitutes a violation of the TOU and may be addressed by RYB through any and all available remedies in law and/or equity at the sole discretion of RYB.
The Content is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on the Website and/or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of RYB. You further agree not to reproduce, duplicate or copy Content available on the Website and/or through the Service without the express written consent of RYB, and agree to abide by any and all copyright notices displayed on Website and/or through the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. RATEYOURBURN is trademark of Rateyourburn, LLC, all rights reserved.
5. Use of Contributions
The Website and the Services contain the capability for users to post, publish or otherwise make available Contributions through the Website. You understand that all Contributions, including, but not limited to postings, messages, commentary, text, images, photographs, videos, audio files, or other materials are the sole responsibility of the individual who provided the Contribution. You are solely responsible for any and all Contributions made available by you on the Website. You understand that RYB does not control, and is not responsible for Contributions made available through the Services, and that by using the Services, you may be exposed to material that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and materials available through the Services may contain links to other websites, which are completely independent of RYB. RYB makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content and/or Contribution, that you may not rely on said Contrubutions, and that under no circumstances will RYB be liable in any way for any Contributions or for any loss or damage of any kind incurred as a result of the use of any Contributions posted, emailed or otherwise made available on the Website and/or via the Services. RYB has no obligation to, and makes no representation or warranty that it screens Contributions for any specific purpose prior to publication by users, but that RYB shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Contributions that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
You acknowledge and agree that RYB may store and/or preserve Contributions and may also disclose Contributions and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of the TOU; (c) respond to claims that any Contribution violates the rights of third-parties in accordance with the TOU; and/or (d) protect the rights, property, or personal safety of RYB, its representatives and/or agents, its users or the public.
Although RYB does not claim ownership of Contributions posted by its users, by posting Contributions to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to RYB an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Contribution and to prepare derivative works of, or incorporate into other works, said Contribution, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Contributions to any public area of the Website and/or the Services, you automatically grant RYB all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Contribution on the Website and/or Services by any party for any purpose.
By contributing Contributions on the Website and/or through the Services, you indemnify and hold harmless RYB, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Contributions, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Contributions or other materials contributed by You or users authorized by you or any violation of these TOU by You or users authorized by you.
6. Public Domain
Many images on RateYourBurn.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
If you believe that any content appearing on RateYourBurn.com infringes on your copyright, please let us know by following the protocol outlined here:
(Link to “Claims of Infringement”)
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
7. Claims of Infringement
If you believe that your work has been used, appropriated and/or copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, by material made available on the Website and/or through the Services, please notify RYB’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
trademarks@powleygibson.com
or via mail at:
Robert L. Powley, Esq.
Powley & Gibson, P.C.
304 Hudson Street, 2nd Floor
New York, NY 10013
Please provide our Agent with the following written information (collectively, the “Notice”):
a) Identify the material on the RYB site that you claim is infringing, with enough detail so that we may locate it on the Website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Within a reasonable time following receipt of a Notice, RYB will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA), which can be accessed through the following link:
http://www.copyright.gov/legislation/dmca.pdf
8. Conduct
This Website and any and all information and/or materials provided through the Services are provided solely for entertainment purposes. If you choose to contribute Contributions or provide information and/or materials to RYB for any purpose whatsoever, you agree that any and all information provided to RYB and/or contributed through the Services is true and accurate to the best of your knowledge. If any Contribution, information and/or other material submitted by you to RYB is found to be untrue, inaccurate, not current or incomplete, RYB reserves the right, but is not obligated to, suspend or terminate your use and/or access to the Website and/or the Services and to refuse any and all current or future use of the Website and/or the Services in its sole discretion.
Without limitation of the foregoing, you agree to not use the Website or Services to:
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, Contributions that are unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” or otherwise harass any individual;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contributions that victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a representative of RYB, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contributions transmitted to or through the Website and/or the Services;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contribution that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Contribution that infringes any proprietary rights of any third party including, but not limited to, patent, trademark, trade secret, and/or copyright rights throughout the world
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation on the Website and/or through the Services;
- Collect personal data about other users for any purpose, including, but not limited to commercial or unlawful purposes;
- Use any unauthorized automatic means, including, but not limited to, automated robots, spiders, and/or data mining tools to download and/or extract data from the Website;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to access the Website and/or participate in the Services;
- Engage in any activity that is contrary to or that would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
9. Use and Access to the Website and/or Services
RYB grants you a limited, revocable, nonexclusive license to access the Website and/or the Services for your own personal, non-commercial use in accordance with the terms of this TOU. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on rateyourburn's web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
Use of the Website and/or the Services beyond the scope of authorized access granted to you by RYB constitutes a breach of this TOU, and RYB reserves the right to pursue any and all available remedies in law and/or equity at the sole discretion of RYB resulting from such breach.
10. Disclaimers
a. YOU AGREE THAT USE OF THE WEBITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RYB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, RYB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RYB DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. Limitations on Liability
UNDER NO CIRCUMSTANCES SHALL RYB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF RYB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE AND/OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Governing Law
Any claim relating to the Website, the Services and/or the TOU shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
13. Privacy Policy
RYB has established a Privacy Policy, which is hereby incorporated into the TOU, to explain to users how information gathered by RYB is collected and used, which is located at the following web address: http://www.rateyourburn.com/page/privacy-policy.aspx
Your use of the Website and/or the Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that RYB may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Contribution violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of RYB, its users or the general public.