B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.Namafit.com/terms). Namafit.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Namafit.com Website, including users who are also contributors of text content, information, and other materials or services on the Website.
B. The Namafit.com Website may contain links to third party websites that are not owned or controlled by Namafit.com. Namafit.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Namafit.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Namafit.com from any and all liability arising from your use of any third-party website.
A. In order to access some features of the Website, you will have to create a Namafit.com account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Namafit.com immediately of any breach of security or unauthorized use of your account.
B. Although Namafit.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Namafit.com or others due to such unauthorized use.
C. You will not create an account if you are under 13 years of age.
D. You will not use Namafit if you are a convicted sex offender.
E. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.
F. The administration of the site reserves the right to terminate any account without notice.
Namafit.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Namafit.com's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or Namafit.com Content through any technology or means other than the Website itself.
D. You agree not to use the Website for any commercial use, without the prior written
authorization of Namafit.com. Prohibited commercial uses include any of the following
actions taken without Namafit.com's express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
* sale of advertising, on the Namafit.com website or any third-party website, targeted to the content of specific User Submissions or Namafit.com content; and
* any use of the Website or its related services that Namafit.com finds, in its sole discretion, to use Namafit.com's resources or User Submissions with the effect of competing with or displacing the market for Namafit.com, Namafit.com content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Namafit.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Namafit.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Namafit.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, Namafit.com Community Guidelines, and all applicable local, national, and international laws and regulations.
G. Namafit.com reserves the right to discontinue any aspect of the Namafit.com Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Namafit.com Website.
A. The content on the Namafit.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Namafit.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Namafit.com reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
* for your information and personal use; and
* as intended through the normal functionality of the Namafit.com Service;
C. You may access Namafit.com Content, User Submissions and other content only as permitted under this Agreement. Namafit.com reserves all rights not expressly granted in and to the Namafit.com Content and the Namafit.com Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Namafit.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Namafit.com Website or the Content therein.
F. You understand that when using the Namafit.com Website, you will be exposed to User Submissions from a variety of sources, and that Namafit.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Namafit.com with respect thereto, and agree to indemnify and hold Namafit.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a Namafit.com account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls, profile images, forum messages or instant messages. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Namafit.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Namafit.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Namafit.com, you hereby grant Namafit.com a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Namafit.com Website and its affiliates. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Namafit.com Website a non-exclusive license to access your User Submissions through the Website. You understand and agree, however, that Namafit.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Namafit.com all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Namafit.com Community Guidelines, found at http://www.Namafit.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Namafit.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Namafit.com expressly disclaims any and all liability in connection with User Submissions. Namafit.com does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and Namafit.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. Namafit.com reserves the right to remove Content and User Submissions without prior notice.
A. Namafit.com will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be an infringer.
B. Namafit.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Namafit.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
As part of Namafit.com's copyright policy, Namafit.com may terminate user access to the Website if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Make sure you know whether the content that you have seen on Namafit.com infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
By submitting a User Submission to Namafit.com, you authorize Namafit.com to act as your agent to issue take down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if Namafit.com becomes aware of infringement of User Submissions and/or Content from the Namafit.com Service, then Namafit.com may in its sole discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.
YOU AGREE THAT YOUR USE OF THE Namafit.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Namafit.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING Namafit.COM) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. Namafit.COM MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Namafit.COM WEBSITE. Namafit.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. Namafit.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Namafit.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Namafit.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL Namafit.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Namafit.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Namafit.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Namafit.com makes no representations that the Namafit.com Website is appropriate or available for use in all locations. Those who access or use the Namafit.com Website do so at their own volition and are responsible for compliance with local law.
Namafit.com is not responsible for the conduct, whether online or offline, of any user of the Website.
You agree to defend, indemnify and hold harmless Namafit.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Namafit.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. This defense and indemnification obligation will survive these Terms of Service and your use of the Namafit.com Website.
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the Namafit.com Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Namafit.com without restriction.
You agree that: the Namafit.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over Namafit.com, either specific or general. These Terms of Service, together with the Privacy Notice at http://www.Namafit.com/privacy and any other legal notices published by Namafit.com on the Website, shall constitute the entire agreement between you and Namafit.com concerning the Namafit.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Namafit.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Namafit.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Namafit.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND Namafit.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Namafit.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Service shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be San Mateo County, California.
Updated: January 2, 2015