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Weider Publishing Limited Terms and Conditions for Use of the Muscle & Fitness and Flex Websites

Welcome to the Muscle & Fitness/Flex Website (hereinafter referred to as the "Site"). Please take a moment to read our Terms and Conditions. By using this Site, you accept these Terms and Conditions of Use.

Access to, and use of, this Site is provided by Weider Publishing Limited and the content of the Site is provided by Weider Publishing Limited, MediaFit, Weider Health & Fitness Inc, Weider Publishing Inc. or another associated or affiliated company of Weider (hereinafter referred to as "WEIDER").

All material, articles, reports, description of products, advertising and text (the "content") on this Site are for information and/or educational purposes only. The Content should not be considered to be exhaustive of a particular topic, it is not medical advice and is not intended to replace the advice or attention of healthcare professionals. Always consult your doctor or other healthcare professional before beginning or making changes to your diet, taking supplements or commencing an exercise programme, for diagnosis and treatment of illness and injuries, and for advice regarding medications. It is the responsibility of the individual to abide by the dosage allowances specific to their country of residence. Always consult a doctor before commencing supplementation or changing dosage. We do not recommend the self-management of health problems because of the advice or recommendations contained in these Sites. You should never disregard medical advice or delay in seeking it because of something you have read in these Sites. We do not assume any liability for injuries that may occur while using any information contained in these Sites, regardless of whether a doctor was consulted.

Despite our efforts to provide useful and accurate information, errors may appear from time to time. Some of the content you find on our sites was not created, edited, or posted by us (for example, discussion group postings). Though we hope the advertisers, merchants, and users you meet through our sites treat you honourably and fairly, we can't vouch for the information, goods, or services they offer. Before you act on information you've found on or through our sites, confirm any facts that are important to your decision. We encourage you to exercise a healthy scepticism and good judgement. Weider is not responsible (or liable) for the content of any third party advertisements nor for the content of third party websites linked to from the website/online magazine. We recommend that readers review third party website terms and conditions and terms and conditions of sale before interacting with third party/advertiser sites.

  1. Use of this Site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the Site. WEIDER reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of the Site after a change has been made signifies your acceptance of any changes to the Terms and Conditions
  2. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
  3. You agree to use this Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict the use and enjoyment of this Site by any third party. Such restriction includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of the normal flow of dialogue within this Site.
  4. THIS SITE AND THE CONTENT, INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. IN NO EVENT WILL WEIDER BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE, DATA, OR LOSS OF PROFITS OR INCOME, GOODWILL, BUSINESS, LEGAL COSTS, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. WEIDER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. THE NAMES, IMAGES AND LOGOS IDENTIFYING WEIDER OR THIRD PARTIES AND THEIR PRODUCTS AND SERVICES ARE PROPRIETARY MARKS OF WEIDER OR THIRD PARTIES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENCE OR RIGHT UNDER ANY TRADEMARK OR PATENT OF WEIDER, WEIDER INC, OR ANY OTHER THIRD PARTY.
  5. No contract will subsist between you and WEIDER for the sale by it to you of any product unless and until WEIDER accepts your order by e-mail/fax/telephone/post confirming that it has dispatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time WEIDER sends the e-mail/fax/call/letter to you (whether or not you receive it). For the avoidance of doubt, any such contract will be deemed to have been concluded in England.
  6. Where you are invited to submit any contribution to this Site for discussion groups or other public forums (including without limitation any text, graphics, video or audio) you are required by such submission to grant WEIDER a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work world-wide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in WEIDER's Privacy Policy. If you do not wish to grant such rights to WEIDER, it is suggested that you do not submit your contribution to this Site. By submitting your contribution to this Site, you also:
    1. Warrant that such contribution is your own original work and that you have the right to make it available to WEIDER for all the purposes specified above;
    2. Indemnify WEIDER against all legal fees, damages and other expenses that may be incurred by WEIDER as a result of your breach of the above warranty; and
    3. Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the WEIDER Site and the other purposes specified above.
    4. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this Site relating to specific material then the latter shall prevail.
    5. You also agree not to use the Site or send or submit material that is:
      • false, inaccurate or misleading
      • fraudulent or involve the sale of counterfeit or stolen items
      • defamatory, libellous, threatening or harassing
      • obscene or pornographic
      • in violation of any law, statute or regulation (including those governing export control, consumer protection, unfair competition or false advertising).
  7. That said, we are often a passive conduit for the information users submit. We cannot and do not review every submission a user makes. We neither endorse nor guarantee the accuracy or proprietary of any submission. We do, however reserve the right but do not assume the obligation to restrict or prohibit your use of our Site if we believe you are violating these Terms and Conditions.
  8. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
  9. Access to this Site may not be legal in certain countries. If you access this Site outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.
  10. If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this Site and therefore should cease using this Site immediately.

Copyright

All rights, including copyright and database rights, in the Site and its contents, are owned by or licensed to WEIDER, or otherwise used by WEIDER as permitted by the applicable law.

By using the WEIDER Site, you agree that you will access the contents solely for your own private use but not for any commercial or public use. You can download and use the service on a single CPU at a time and you can print out a single hard copy of any part of the content on the WEIDER Site for your personal use.

Except as permitted above, you undertake not to copy, store in any medium (including in any other Site), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the WEIDER Site without the prior written permission of WEIDER.

In addition to warranties and indemnities in Section 6 above, Any and all 3rd party content providers posting text, photos, video, music or any other form of content on a Weider Site, expressly warrant that they have secured all of the necessary consents, rights and permissions from athletes/models, photographers/artists/stylists/authors, music publishers, and all related third parties in all of the content posted on Weider's Sites and further warrants that there are no known existing, contingent or potential copyright liabilities with said content.

Trademarks

Muscle & Fitness, Flex, Muscle & Fitness Hers used on the Site are either trademarks or registered trademarks of Weider Publishing Limited, MediaFit, Weider Health & Fitness Inc, Weider Publishing Inc. or another associated or affiliated company. Other product and company names mentioned on this Site may be the trademarks or registered trademarks of their respective owners.

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