LEGGINIT TERMS AND CONDITIONS OF USE June 2010
Introduction
Welcome to Legginit, By accessing or using the Legginit service, you signify that you have read the following terms and conditions (“Terms and Conditions of Use”, “terms of use” or “agreement”) and accept and agree to be bound by them whether or not you register with Legginit. Where applicable under law, these terms constitute a “writing signed by you”. If you do not agree to abide by these or any future terms of use, do not use or access (or continue to use or access) the service or the site.
AGREEMENT TO LEGGINIT TERMS AND CONDITIONS OF USE
Users and others who, use, purchase, or otherwise access the Legginit Services (collectively or individually "You" "User" or "Users") must do so under the following Legginit Terms and Conditions of Use ("Terms and Conditions of Use").
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE, BEFORE USING ANY OF THE LEGGINIT SERVICES
BY BROWSING, ACCESSING AND/OR USING THE LEGGINIT SERVICES, A USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE LEGGINIT REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE LEGGINIT TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN LEGGINIT DIRECTS THAT SUCH USER CEASE USING THE SERVICES IMMEDIATELY.
LEGGINIT AND THE SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 14 YEARS OR OLDER. IF A USER IS 14 OR OLDER BUT UNDER THE AGE OF 18, THEN SUCH USER AGREES TO REVIEW THE AGREEMENT WITH HIS OR HER PARENT(S) OR GUARDIAN(S) TO ENSURE THAT BOTH THE USER AND PARENT(S) OR GUARDIAN(S) UNDERSTAND AND CONSENT TO THE AGREEMENT AND THAT THE USER AND HIS OR HER PARENT(S) OR GUARDIAN(S) REVIEW AND ACCEPT THE AGREEMENT ON THE USER'S BEHALF THROUGH THE LEGGINIT REGISTRATION PROCESS. IF THE READER OF THE AGREEMENT IS A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN HE OR SHE AGREES AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER CHILD'S USE OF LEGGINIT AND THE SERVICES, INCLUDING LEGAL LIABILITY THAT SUCH CHILD MAY INCUR.
BY USING LEGGINIT OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT:
LEGGINIT PRIVACY POLICY
Please read our Privacy Policy notice carefully for disclosures relating to Legginit security protocols, and more importantly, the use, collection, and disclosure of your personal information. Also Legginit's Privacy Policy is hereby incorporated into the Agreement by reference.
MODIFICATION OF THE AGREEMENT
Legginit reserves the right, at our discretion, to modify, change, add, or remove portions of the Agreement or any affiliated Guidelines or Policies at any time. By a User's consent to the Agreement, He or she obligates himself or herself to periodically check the Agreement and all Guidelines and Policies for any changes. A User's continued use of the Services after the posting of any modifications or changes constitutes his or her binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of Our partners, advertisers, or business associates, and a User should refer to those before accessing, purchasing, using or subscribing to such services or products. For any material changes to the Agreement or any Guidelines or Policies, a User acknowledges and agrees that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on Legginit.com.
OWNERSHIP AND PROPRIETARY RIGHTS
Legginit Software, visual interfaces, content, information, computer code, graphics, design, compilation, software, services, including, but not limited to and all other elements of the Services (collectively, the "Materials") are protected and all materials and components contained in the Services are the property of Legginit. The Services are owned and operated by Legginit.
ACCOUNT INFORMATION
The Services are not available to persons under the age of 14 or to any Users suspended or removed from the Services by Legginit. Users agree that the information that they provide Legginit upon registration and at all other times will be true, accurate, current, and complete. This also means users agree that they will ensure that information is kept accurate and up to date at all times.
PASSWORD
When a User registers as a member and obtains an account; he or she will be asked to provide a password. Because a User will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, , a User should keep that password strictly confidential at all times. PLEASE NOTIFY LEGGINIT IMMEDIATELY OF ANY UNAUTHORISED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. Legginit reserves the right to suspend a User's account and/or require that such User alter his or her password if we believe for any reason that such User's password is no longer secure. A USER MAY NOT SHARE HIS OR HER LEGGINIT ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
LEGGINIT USAGE RULES PROHIBITED CONDUCT & USES ALL USERS UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT THEY MAY NOT AND WARRANT THAT THEY:
REFUSAL OR SUSPENSION OF SERVICE
LEGGINIT RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
LEGGINIT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR SOCIAL NETWORKING ACTIVITIES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, LEGGINIT ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO LEGGINIT, ITS SERVICES, THE PERSONAL AND/OR LOCATION INFORMATION, OR THE PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
A USER HAS THE SOLE RESPONSIBLITY FOR HIS OR HER INVOLVEMENT WITH OTHER USERS. LEGGINIT CAN RESERVE THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISAGREEMENTS BETWEEN ANY USERS. MOREOVER LEGGINIT DOES NOT CONTROL THE CONTENT OF USER ACCOUNTS, PROFILES AND DOES NOT HAVE ANY OBLIGATION TO CHECK/MONITOR SUCH CONTENT FOR ANY PURPOSE. USERS ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR ALL CONTENT AND MATERIAL THAT THEY PROVIDE TO LEGGINIT.
USER CONTENT
All other information (other than personal information and/ which are expressly covered and governed by the Legginit Privacy Policy), including data, files, graphics, text, and other materials that a User transmits to, or supplies to Legginit is referred to as "User Content." By transmitting User Content on or through Legginit.com, (collectively, "Legginit.com") a User expressly agrees that he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content, and that Legginit bears no responsibility, legal or otherwise, for such User Content.
THIRD PARTY CONTENT PRESENT ON OR LINKED ON LEGGINIT
Certain content displayed on Legginit.com or linked to Our site - namely, third party websites and news headlines - (collectively "third party web content"), is developed by individuals or merchants over whom Legginit exercises no direct control.
Legginit also does not endorse any third party web content, or the information, material, products, or services associated with third party content.
Some Users may find some third party web to be objectionable, offensive or inappropriate. Legginit therefore does not make any express or implied warranties with regard to the nature of the information, material, or services that are laid out in or linked by any third party web content.
In addition, User contact or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any third party web content is solely between a User and the associated third party. A User therefore agrees that Legginit shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third party web content on Legginit.com
Prohibited User Content
Users may not post any of the following content on Legginit.com that:
Responsibility For User Content.
Users are responsible for all User Content posted under his or her account on Legginit.com, and for adjusting those account settings, specifically User Privacy Settings, that permit him or her to display User Content on the Site.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. Legginit will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but Legginit cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and Legginit will not be liable for such chance disclosures.
If a User terminates his or her account, he or she may request that Legginit completely "purge" the User account, including the deletion of any and all User content previously submitted by that User. Legginit will in turn undertake reasonable efforts to ensure that a User Account and Legginit is completely purged of User Content, subject to the limitation that Legginit may not be able to fully delete all User Content, specifically any User Content posted in Legginit Forums, on other User pages. Legginit therefore directs that a User exercise good judgment when he or she posts User Content to Legginit Forums or on other User pages, and refrain from posting sensitive material.
Legginit Ownership Rights In User Content
When a User supplies or transmits User Content to Legginit, or otherwise makes User Content available on or through Legginit.com, he or she expressly grants Legginit a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, publish, adapt, display, translate, or distribute such User Content for any purpose, advertising, commercial, or otherwise, on or in connection with Legginit or the promotion thereof.
In addition, Legginit obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any "moral rights" in that User Content have been waived. Moreover, when a User posts User Content to Legginit.com, he or she authorises and directs Legginit to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by Legginit relative to User content, as delineated above, are, however, subject to the limitation that should Legginit seek to make use of certain User Content - namely a User's image -for explicit commercial or advertising purposes, Legginit will make a reasonable effort to secure consent from that User for that specific purpose.
Review of User Content
Accordingly, by consenting to the Terms and Conditions of Use, a User understands and acknowledges that when he or she accesses or otherwise uses Legginit or select Services, he or she may be exposed to User Content from a variety of sources, and that Legginit is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, a User must understand and acknowledge that he or she may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and he or she agrees to waive, and hereby does waive, any legal or equitable rights or remedies he or she may have against Legginit with respect thereto.
Legginit, however, reserves the right, in its sole discretion, to refuse to publish, edit, or remove any User Content, in whole or part that Legginit determines does not comply with these Terms and Conditions of Use; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, Legginit is not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content that Legginit determines is unsuitable.
LEGGINIT DOES NOT ACTIVELY REVIEW, MONITOR, OR EDIT USER CONTENT POSTED, OR OTHERWISE MADE AVAILABLE BY A USER ON LEGGINIT.COM.
Legginit Content and Ownership Legginit is the sole owner of all such Content presented on Legginit.com, including all copyrights, trademarks and other intellectual property rights.
Content Is Not Medical Advice
Any content that is presented on Legginit.com, including all photographs, images, text, graphics and other materials, whether provided by Legginit or by other users or third parties is not intended to be and should not be used in place of the advice of a doctor or other medical professional.
User must acknowledge and understand that Legginit content does not constitute medical advice. Should a user have any healthcare related questions, he or she should contact his or her doctor immediately.
A User therefore should never disregard medical advice or delay in seeking medical advice because of any content presented on Legginit.com. Users should use Legginit content for diagnosing or treating a health issue.
LEGGINIT CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE.
Physical Fitness/Health Related Disclaimers
LEGGINIT REQUIRES THAT A USER CONSULTS WITH HIS OR HER DOCTOR BEFORE FOLLOWING ANY PHYSICAL FITNESS TRAINING OR PARTICIPATING IN ANY EVENT ANNOUNCED ON LEGGINIT.COM. LEGGINIT IS NOT A LICENSED MEDICAL CARE PROVIDER. LEGGINIT IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM THEIR OWN TRAINING PROGRAMS OR EVENTS A USER LEARNS ABOUT THROUGH LEGGINIT. LEGGINIT HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. LEGGINIT IS NOT A PRESCRIPTION SYSTEM AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
IT IS VERY IMPORTANT THAT A USER SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OFSOMETHING HE OR SHE HAS READ ON LEGGINIT.COM. IF A USER ENGAGES IN ANY EVENTS POSTED THROUGH LEGGINIT, SAID USER AGREES THAT HE OR SHE DOES SO AT HIS OR HER OWN PERSONAL RISK. A USER ASSUMES ALL RISK OF INJURY TO HIMSELF OR HERSELF, AND AGREES TO RELEASE AND DISCHARGE LEGGINIT FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, KNOWN OR UNKNOWN, ARISING OUT OF HIS OR HER USE PART TAKEN IN THESE EVENTS.
A USER SHOULD NOTE NOT ALL TYPES OF PHSYCIAL ACTIVITY ARE SUITABLE FOR EVERYONE. ACCORDINGLY, BEFORE A USER BEGINS ANY TRAINING OR EXERCISE OR PARTICIPATES IN ANY EVENT (BIG OR SMALL) ANNOUNCED THROUGH LEGGINIT.COM, HE OR SHE SHOULD OBTAIN PERMISSION FROM HIS OR HER DOCTOR TO ENGAGE IN VIGOROUS EXERCISE.
Miscellaneous Disclaimers
LEGGINIT FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE SERVICES OR ANY SEARCH RESULTS GENERATED BY THE SERVICES.
IF A USER DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE USE OF LEGGINIT, HE OR SHE DOES SO AT HIS OR HER OWN DISCRETION AND RISK. ACCORDINGLY, LEGGINIT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO A USER THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH LEGGINIT AND/OR THE SERVICES.
DISCLAIMERS No Warranties
THE SERVICES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH LEGGINIT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LEGGINIT, AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
HELP & SUPPORT
Legginit will provide account support ("Support") to a User via Email.
NOTICES TO USERS
From time to time Legginit may provide you with notices, including those regarding changes to the Terms and Conditions of Use, by email, or postings on Legginit.com. Notice will be deemed given twenty-four hours after email is sent, unless Legginit is notified that the email address is invalid. Notices posted on Legginit are deemed given and binding 30 days following the initial posting.
CHANGES IN TERMS AND CONDITIONS OF USE
Legginit may have changes in Terms and conditions of use and modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to any User, any other User, or any third party. In addition, Legginit reserves the right to modify these Terms and Conditions Use from time to time without notice. Users should therefore review Terms and Conditions of Use from time to time so that You will be apprised of any changes.