- ACCEPTANCE OF TERMS
These terms and conditions (“Terms”) govern the use of the Black Fitness Today website and other websites that may be added in the future (the “Website”) and all related services provided by Cerebellum Media Group LLC. (the Website and related services are collectively referred to as the “Service”) and constitute an agreement between you (“You”) and Cerebellum Media Group LLC. (“Black Fitness Today”). Your use of the Service, including any new services or functionalities that may be made available by Black Fitness Today from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms. Black Fitness Today reserves the right to alter or revise these Terms at any time by notifying you as provided in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service indicates Your acceptance of any and all revised Terms. Black Fitness Today reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Service or remove your Posts for any reason.
- DEFINITIONS AND SERVICE DESCRIPTION
“Contributor” or “Author”: A person that creates an account on the Service.
“Post” or “Content”: Any content, including without limitation questions, answers, forum posts, ratings, votes, and Black Fitness Today comments, that Authors post on the Service other than on the Author’s Content, and all photographs that Authors post on the Service (including on the Author’s Content).
“Author Service(s)”: is the author’s process of including and managing Black Fitness Today Content and/or Author Content on the Service.
“Earning Page View”: This is a page view of either a Post, Profile Page, or a Question or Answer where ads or affiliate links are served with attributable earning.
“Google AdSense Ad Impression”: This is a single occurrence of a Google AdSense display ad.
“Profile”: Your personal profile page on the Service.
Black Fitness Today makes available a Text Editor (and other tools) to create Posts and for the Author to engage in Author Services. The Service hosts and serves the Posts, including the Black Fitness Today Content, to users of the Service (“Users”). Black Fitness Today will program portions of the Posts created by Authors with information related to other Posts on the Service. Users can read, rate, send Posts via email, subscribe to RSS feeds of Posts, and search for Posts, as may be permitted by the features and functions of the Service.
Low quality Posts will not be programmed in the Service. Posts and Author Content that are determined to be low quality will be removed from the Service.
- PERMITTED USES
You must register with Black Fitness Today and create an Author account (including selecting a screen name/username and subdomain name for Your Account) in order to create a Post. Black Fitness Today, in its sole discretion and at any time, may change, remove, reclaim, and/or reassign the screen name/username and/or subdomain name associated with Your Author account (this potentially includes but is not limited to a trademark owner complaining about a screen name/username/subdomain name that does not closely resemble Your real name). Only persons 13 years and over may register for an Author account. Your Author account gives You access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please alert Black Fitness Today immediately, by sending an email alert to info@BlackFitnessToday.com.
You must do Your best to create high quality Posts.
You are solely responsible for Your Black Fitness Today Content.
You must follow specific guidelines for publishing forum posts, comments, questions and answers, and other content services that are posted on the Service.
You may only use Black Fitness Today Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. This means, among other things, that You must have permission to use third party content from the content owners.
By giving us Your email address, You grant us permission to send communications from Black Fitness Today, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in Black Fitness Today newsletters you select to that address. You may opt out of certain email communications from Black Fitness Today by following the instructions on the email. You may not opt out of Service-related messages. If You do not want to receive such messages from Black Fitness Today, you must cancel Your account.
- RESTRICTIONS AND PROHIBITIONS ON USE
In Your use of the Service You must abide by the following restrictions and prohibitions on use. As a Service User or Author, You may Not:
Publish Posts or Author Content that include any content or links that are pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
Publish Posts or Author Content targeted at children under the age of 13.
Use Black Fitness Today, the Service to violate any Federal, state or local laws. Your Posts must comply with all laws regarding online conduct and acceptable content.
Hack the Service or modify any Posts that are not Your own.
Link to any worms or viruses or any code of a destructive nature.
Link to pages or sites that are unrelated to the topic and content of Your Post.
Remove, decompile, disassemble or reverse engineer any Black Fitness Today Software (as defined below) or use any network monitoring or discovery software to determine the Service architecture.
Publish Posts or Content in breach of a confidentiality or fiduciary obligation You may have.
Attempt to automatically redirect Service users to other domains, mislead users of the origins of the Black Fitness Today Content contained in Your Posts, or use Your Posts as storage for remote loading or a door or signpost to a website outside of the Service.
Impersonate another person, Author, entity, or any representative or employee of Black Fitness Today (note that such may include the screen name/username/subdomain name that You select for Your Author account).
Disrupt the Black Fitness Today Service, or any servers by embedding code in the Posts or otherwise attacking the Service.
Publish Posts or Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
Spam any User or mass email any User in an automated fashion.
Collect personal identifiable information about the Users of Your Posts and sell or transfer that information.
Use any automatic or manual process to harvest email addresses or other information from the Service.
Harass, threaten or intimidate Authors or others who use the Service.
Publish Posts or Content written primarily in a language other than English.
Promote gambling or links to sites that promote/offer gambling for money.
Display misleading tags, categorizations, and/or titles that don’t match the Black Fitness Today’s content, including irrelevant or excessive tagging.
Engage in behavior that is overly promotional, including excessive linking to any one site or domain.
Engage in behavior designed to manipulate Post quality.
Spam to promote Posts or Profiles, including comment spam, forum spam, spam blogs, email spam, instant message spam, or similar.
Use automation tools to create Black Fitness Today Accounts, Posts, or Author Content, to follow topics or Authors, or to edit Posts. This includes, but is not limited to, article spinner software, blog and comment blasters, and similar software and online tools and services.
Publish Posts that are identical to, substantially similar to, or derived from other Posts and/or content published elsewhere on the Web. This applies even if You are the owner of that content and/or have the rights to publish that content online.
Each of Your screen name/username/subdomain names must comply fully with all Black Fitness Today content rules and restrictions.
- DISCONTINUATION OR MODIFICATION OF THE SERVICE
Black Fitness Today reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof at any time, without liability to You or any third party. In addition, Black Fitness Today, in its sole discretion, may terminate Your password, account or use of or access to the Service (including Earning Money Through Black Fitness Today as further described below), and remove and delete any Posts or Content, for any reason.
- PROPRIETARY RIGHTS; CONTENT OWNERSHIP
The Service and any software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Black Fitness Today or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Service, except as expressly allowed herein or via distribution tools Black Fitness Today makes available to Users, such as RSS feeds and widgets, is strictly prohibited. Black Fitness Today may at any point make additional software and tools available to Authors in connection with the Service (“Additional Software”). Authors who incorporate such Additional Software into their Posts may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
Black Fitness Today does not claim ownership of Your Content or Author Content except on a case by case basis where agreements are made in writing identifying Black Fitness Today as the owner of content submitted by Author. Otherwise, Your Content will be owned by You or a third party from whom You got permission to post the content. By posting Content on the Service, You grant Black Fitness Today a worldwide, royalty-free, and non-exclusive license, for as long as Your Content t is displayed on Black Fitness Today and for a commercially reasonable time thereafter, to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Your Post on or in connection with the Service. By posting Author Content on the Service, You grant Black Fitness Today a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Author Content on or in connection with the Service. You may remove Your Content from the Service at your discretion. You may not remove your Author Content from the Service. Black Fitness Today may preserve and store Content (including, for a commercially reasonable time, Content you have removed from the Service) or Author Content, and may disclose such content if required to do so by law or if Black Fitness Today believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Post or Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Black Fitness Today, its users and the public.
The Author, and not Black Fitness Today, will be fully responsible for all Posts or Author Content that is uploaded, posted, transmitted or otherwise made available by the Author on the Service (collectively “User Content”). Black Fitness Today cannot guarantee the accuracy, integrity or quality of User Content. Black Fitness Today does not pre-screen User Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any User Content for any reason, including User Content that may violate these Terms, or that is otherwise objectionable. Black Fitness Today also cannot take responsibility for anything that Black Fitness Today users may do in reliance on the Content You post in Your Posts.
- TRADEMARKS AND SERVICE MARKS
“Black Fitness Today” is a Cerebellum Media Group LLC service mark or trademark and protected by applicable laws. Other product and company names mentioned on the Service may be the trademarks of their respective owners.
- LINKS TO THIRD PARTY WEBSITES
Your Content and the Service may include links to other sites or resources over which Black Fitness Today has no control or responsibility. Black Fitness Today does not monitor, investigate or check these sites for accuracy or completeness. As a result, Black Fitness Today is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your Content or accessed by You via the Service is done at Your own risk and with Your own liability.
Black Fitness Today may provide pre-built modules that make it easy for You to find and add links to various sites. However, just because Black Fitness Today provides these modules does not mean Black Fitness Today is responsible for their accuracy. The Author is still responsible for what links he or she elects to put in his or her Posts or Author Content.
- EARNING MONEY THROUGH BLACK FITNESS TODAY – CONTENT EARNINGS PROGRAM PARTICIPATION
Black Fitness Today offers Authors the ability to share in Earning Page Views from third party websites by a variety of means:
You may elect to participate in the Black Fitness Today Content Earnings Program, which participation will be covered under this Agreement. “Black Fitness Today Content Earnings Program” means that part of the Service that delivers payments to Contributors for earnings from the Black Fitness Today Ad Program, Black Fitness Today Contests, and any other program, service or opportunity Black Fitness Today offers Contributors the ability to earn money.
To enroll in the Black Fitness Today Content Earnings Program, a valid PayPal Account email address is required.
By electing to run the Black Fitness Today Content Earnings Program on Your Posts, you acknowledge and agree to the following:
Your approval and acceptance into the Black Fitness Today Content Earnings Program is in Black Fitness Today’ sole discretion
Black Fitness Today may suspend or remove the Black Fitness Today Content Earnings Program or any part thereof (including Your participation in it) at any time, in Black Fitness Today’ sole discretion
You may not transfer or assign Your Black Fitness Today Content Earnings Program account to any other person and/or entity
- Your election to run the Black Fitness Today Content Earnings Program may result in additional advertisements being placed on Your Posts
- The Black Fitness Today Content Earnings Program is only available for Earning Page Views on Posts
- Black Fitness Today provides advertisements and/or other revenue earning options from Google AdSense, for possible placement on Your Posts
- Contributors that participate in the Black Fitness Today Ad Program will earn from the Earning Page Views on the Posts you create
- Black Fitness Today will place up to two (2) Google AdSense Ad Impression display ads in an Earning Page View for the Posts you create
- Earning Page View generates a sixty percent (60%) revenue split for the author; sixty percent (60%) to the author and thirty percent (30%) to the Service.
- The location, size and any other aspect will be chosen at Black Fitness Today’s sole discretion. Additional Google AdSense Ad Impressions or third-party advertising on an Earning Page View will not generate earnings for the author
- Your earnings will be based on a formula selected by Black Fitness Today, in its sole discretion, which formula Black Fitness Today may change at any time for Your account
These Impression-sharing services are provided subject generally to these Terms of Service, and in particular the terms in this section. There may also be additional terms imposed by the third parties with whom You choose to do business.
Valid earnings from activity under Black Fitness Today Content Earnings Program will be tracked (as part of Your Due Pay Balance) and paid to You by Black Fitness Today (in accordance with the terms of the Payments section herein to this section). By participating in the Black Fitness Today Content Earnings Program, you acknowledge and agree to the following:
Advertisements from the Black Fitness Today Ad Program will appear on Your Posts at Black Fitness Today’ discretion (and such advertisements may appear on every page load of Your Content)
The third-party advertising, referral, and/or other revenue providers in the Black Fitness Today Ad Program will be determined in Black Fitness Today’ sole discretion
The type, style, placement, and any other implementation decisions regarding how, when, and where ads in the Black Fitness Today Ad Program are placed on Your Content will be determined in Black Fitness Today’ sole discretion
Advertisements for the Black Fitness Today may appear on Your Posts simultaneously
Black Fitness Today may place unpaid public-service, charitable, and/or default/placeholder ads on Your Content
You will not engage in any fraudulent or deceptive practices with respect to the use of Black Fitness Today Ad Program
Black Fitness Today makes no guarantee that the Black Fitness Today Content Earnings Program will be operational at all times
As consideration for your participation in Black Fitness Today Content Earnings Program, You shall receive a payment related to the valid advertising and/or referral activity on Your Posts from participating third-party advertisers and/or networks as a part of each Program. For the avoidance of doubt, payments to You for Your participation in the Black Fitness Today Content Earnings Program will be made to you by Black Fitness Today and is distinct from any payments You may receive in relation to Your Posts from any third-party pursuant to you linking a valid PayPal email address or any other part of the Service. Your payment shall consist of Your Due Pay Balance. “Due Pay Balance” means Your net revenue share portion of those valid, Due Pay, and collected (by Black Fitness Today) revenues credited to your account that are generated solely from any of Programs under the Black Fitness Today Content Earnings Program-based advertising and/or referral activity on Your Content (and not any other advertising and/or referral activity that may appear on Your Content), minus any and all commissions, fees, bad debts, third-party deductions, payment processing costs, charge-backs to Your account, fraudulent amounts, and any other deductions that Black Fitness Today deems necessary with respect to the provision of the Black Fitness Today Content Earnings Program for Your Content (such deductions to be determined in Black Fitness Today’ sole discretion). You acknowledge and agree that Black Fitness Today may change the revenue share with any third-party and/or You at any time, in Black Fitness Today’ sole discretion.
The final determination of Your Due Pay Balance and payment amount to You for use of the Black Fitness Today Content Earnings Program on Your Posts will be made by Black Fitness Today in its sole discretion. Payment shall be calculated and based on records maintained by Black Fitness Today (possibly in conjunction with any third-party advertising and/or referral program that participates in the Black Fitness Today Content Earnings Program). No other data or statistics shall be accepted by Black Fitness Today or have any effect with respect to the Black Fitness Today Content Earnings Program.
Payments to You shall be sent by Black Fitness Today within approximately Thirty (30) days after the end of each calendar month that valid ads and/or referrals from the Black Fitness Today Content Earnings Program were credited to your Due Pay Balance history, if Your Due Pay Balance history is Fifty Dollars ($50) or more (otherwise payments will be withheld and will rollover until that month in which the total Due Pay Balance history has exceeded Fifty Dollars ($50). For the avoidance of doubt, payments may be delayed and/or withheld (among other reasons) to the extent that Black Fitness Today has a delay in processing applicable reports, crediting Your account, and/or has yet to receive applicable funds from a third-party advertisers who participate in the program.
You acknowledge and agree that You will not publicly disclose Your payments or Due Pay Balance (including any subcomponents thereof) from the Black Fitness Today Content Earnings Program without prior written consent of Black Fitness Today.
Fraud, Other Invalid Activity, and Breach.
Black Fitness Today reserves the right to withhold payment from You if You have, directly or indirectly, engaged in activity that is deceptive or fraudulent in nature, as determined by Black Fitness Today in its sole discretion. Notwithstanding anything to the contrary, Black Fitness Today shall not be liable for any payment from the use of Black Fitness Today Content Earnings Program based on: (a) any fraudulent or deceptive activities; (b) invalid activities generated by any person or automated means; (c) requests for end users to click on advertisements on Your Content or repeatedly reload Your Content to generate additional page impressions.
Any breach by You of this Agreement shall result in the permanent forfeiture of any Due Pay Balances for the applicable period. Notwithstanding any other remedies that Black Fitness Today may elect to pursue, such breach may result in a charge-back and/or future withholding for Your account, and you agree that Black Fitness Today may seek any such amounts from you in any manner permitted by law.
With respect to Your use of the Black Fitness Today Content Earnings Program, in order to ensure payment, You agree to provide and maintain accurate information associated with Your account, including: name, address, additional contact information (as may be requested), payment account information, tax information, and any other information (as reasonably requested by Black Fitness Today). You acknowledge and agree that it is Your sole responsibility to provide Black Fitness Today with accurate and sufficient information (as deemed by Black Fitness Today in its sole discretion) such that Black Fitness Today may make payments to You. Black Fitness Today may not be able to make payment to You, and may withhold payment, because of any (or combination) of the following reasons, including but not limited to: You have submitted inaccurate, partial, or insufficient payment information; You have submitted inaccurate, partial, or insufficient tax information; Black Fitness Today has been unable to reach You after contacting the address listed in Your account; the selected payment organization has rejected and/or returned payment to Black Fitness Today; You have not logged into Your account to provide all necessary information for the Black Fitness Today Content Earnings Program.
By participating in the Black Fitness Today Content Earnings Program, You assume sole responsibility for any taxes owed, and You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation.
Payment Mechanism and Uncollected Payments.
Black Fitness Today in its sole discretion will determine the approved payment mechanism(s) for You to receive payments due from Your running the Black Fitness Today Content Earnings Program. Your participation in the Black Fitness Today Content Earnings Program may be suspended or approval withheld until Black Fitness Today can validate that You have a valid account with approved payment mechanism. Payment mechanisms may be edited, added, or removed at any time, in Black Fitness Today sole discretion. The following are the currently approved payment mechanisms for the Black Fitness Today Content Earnings Program: PayPal. You must provide all necessary information (to both Black Fitness Today and any applicable third-parties) for Black Fitness Today to process payments to You. You must collect the payment amount posted to Your account with the payment company within six (6) months of such payment being made by Black Fitness Today. If after such six (6) month timeframe, either You fail to collect Your payment and/or payment is not accepted into Your account with the payment company (i.e. bounced payments), You acknowledge and agree that the funds represented by such uncollected payment may be cancelled and that (if cancelled) You hereby forfeit such payment amount, waive any claim relating to the dispute of such payment, and disclaim any and all interest in such funds.
Account Closure and Inactivity.
In the event that the Agreement is terminated by Black Fitness Today and/or Black Fitness Today elects to cease Your participation in the Black Fitness Today Content Earnings Program, then except in the event of breach by You, Black Fitness Today will make payment of an Due Pay Balance in Your account that is greater than Fifty Dollars ($50) within approximately ninety (90) days after the end of the calendar month in which the Black Fitness Today Content Earnings Program has stopped running. Any Due Pay Balance lesser than this payment threshold will be permanently forfeit by You (and You hereby waive any claim relating to the dispute of such payment and disclaim any and all interest in such funds).
In the event that the Agreement is terminated by You (pursuant to Black Fitness Today’ receipt of Your written termination notice) the entire amount of an Due Pay Balance in Your account will be permanently forfeit by You (and You hereby waive any claim relating to the dispute of such payment and disclaim any and all interest in such funds).
In the event You elect to turn off the Black Fitness Today Content Earnings Program (which turn-off must be made by you in Your online account; and You agree not to engage in excessive changes of Black Fitness Today Content Earnings Program status) but not terminate this Agreement, Black Fitness Today will make payment of an Due Pay Balance in Your account that is greater than Fifty Dollars ($50) within approximately ninety (90) days after the end of the calendar month in which the Black Fitness Today Content Earnings Program has stopped running.
In the event of Inactivity, the entire amount of an Due Pay Balance in Your account will be permanently forfeit by You (and You hereby waive any claim relating to the dispute of such payment and disclaim any and all interest in such funds). “Inactivity” means that any of the following have occurred:
- a) There has been no change to Your Due Pay Balance for a period of greater than six (6) months;
- b) Your account has expired tax information that is greater than six (6) months beyond the date of such expiration;
- c) You have uncollected payments or unaccepted payments by the payment company into your account for a period of greater than six (6) months; or
- d) You have not responded to attempts to contact You at the primary email address listed in the contact information in Your account for a period of six (6) months from the date of the first attempt to contact You for which no response has been received.
You may also increase Your chance of generating earnings from sixty percent (60%) up to seventy percent (70%) through Black Fitness Today by registering as a user, participating in any combination of the Content Earnings Program Program and then referring authors to the Service. If they register and create Posts, Black Fitness Today will increase your standard earnings percentage of sixty percent (60%) by five percent (5%) for each author You refer up to a total maximum of seventy percent (70%). Self referrals are prohibited. You acknowledge and agree that your Earning Programs are not guaranteed to be placed in any Earning Page Views.
Black Fitness Today reserves the right to modify the Affiliate IDs program and/or Black Fitness Today Content Earnings Program, including without limitation the percentage share or payment structure, at any time in its sole discretion. If Black Fitness Today changes any significant terms of the Affiliate IDs program and/or Black Fitness Today Content Earnings Program, Black Fitness Today will notify You by email, if reasonably practicable, at least two weeks before any such change occurs. At that point, You will have the option of removing Your Posts from the Service, or, if your Content is non-commercial, setting your ad level to “zero,” if You choose to stop working with the Affiliate IDs Program and/or Black Fitness Today Content Earnings Program under the new structure.
Black Fitness Today integrates with certain third party programs in order to provide the Affiliate IDs program and Black Fitness Today Content Earnings Program. Black Fitness Today does not warrant or guarantee the accuracy of such integration or such third party’s website.
By using the Affiliate IDs Program services, You acknowledge and agree that Black Fitness Today will not be responsible for, and will not be obligated in any manner to repay You for, any lost earnings. Black Fitness Today makes no guarantee under this agreement regarding the amount of Due Pay Balance you will achieve in Your account, the revenue share, the level of Impressions, number and/or placement of advertisements, or the timely completion or delivery of any impressions, clicks, or referral information. YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT ANY MINIMUM LEVEL OF REVENUE, OR ANY REVENUE, WILL BE GENERATED AS A RESULT OF USING THE AFFILIATE IDs PROGRAM AND/OR THE BLACK FITNESS TODAY EARNING PROGRAM.
- DISCLOSURE OF MATERIAL CONNECTION
(a) Black Fitness Today may have a marketing or affiliate connection to products or services linked-to or otherwise made available on the Service. Through the use of advertising, marketing or affiliate links contained on the Service, Black Fitness Today may collect fees from transactions conducted or purchases made. Black Fitness Today makes this disclosure in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
(b) If You endorse any products or services on the Service for which there is a connection that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), You must fully disclose the connection. For additional information, please review 16 CFR, Part 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
You agree to indemnify, defend and hold Black Fitness Today and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Service.
THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BLACK FITNESS TODAY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE..
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLACK FITNESS TODAY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR POSTS, CONTENT TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. BLACK FITNESS TODAY ALSO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLACK FITNESS TODAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BLACK FITNESS TODAY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BLACK FITNESS TODAY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLACK FITNESS TODAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,” ASWELL AS OTHER LAWS REQUIRING PRESENT INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.
The Service is controlled and operated from its facilities in the United States. Black Fitness Today makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- THIRD-PARTY LINKS
- COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information in accordance with the Digital Millennium Copyright Act:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your address, telephone number, and email address;
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; and
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.
Our Copyright Agent for Notice of claims of copyright infringement via the Service can be reached by following the procedure at http://blackfitnesstoday.com/digital-millennium-copyright-act/.
Black Fitness Today will terminate a user account if, under appropriate circumstances, the user is determined to be a repeat infringer of copyrights (or other intellectual property) of others.
- GOVERNING LAW
These Terms will be governed by the laws of the State of Arizona without regard to its conflict of law provisions.
- ENTIRE AGREEMENT
The failure of Black Fitness Today to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Black Fitness Today without restriction.
Black Fitness Today may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Black Fitness Today in our sole discretion. Black Fitness Today reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Black Fitness Today is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@BlackFitnessToday.com to your email address book to help ensure you receive email notifications from us.
- DISPUTE RESOLUTION
If a dispute arises during your use of the Service or under these Terms, You agree to abide by the following dispute resolution process, only proceeding to the next step if the previous step has not resolved the issue satisfactorily.
- Send an email to Black Fitness Today at: info@BlackFitnessToday.com describing the nature of the issue.
- Send Black Fitness Today a letter by registered mail, outlining in detail the problem, steps taken and matters remaining to be resolved to: Black Fitness Today 7401 E Speedway Blvd #8104 Tucson, AZ 85710, USA
For any claim related to a payment under the Black Fitness Today Content Earnings Program, You must notify Black Fitness Today in writing within thirty (30) days of such payment. By failing to notify Black Fitness Today within such timeframe, You hereby waive any and all claims relating to any such disputed payment.
For any claim (excluding claims for injunctive or other equitable relief) arising in whole or in part from the Service or these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that all other claims arising in whole or in part from the Service or these Terms shall be decided exclusively by a court of competent jurisdiction located in Maricopa County, Arizona.
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The content in the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties offer any warranty or guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to make sure that any products, services or information available through this website meet your specific requirements.
We are not medical professionals therefore and recommend that you first consult a physician or other qualified health care provider before beginning any exercise or diet program. A physician or other health care provider can decide what type of exercise, the frequency, and the intensity are proper for you. A physician or other health care provider will be able to recommend an exercise program that will cater to a your specific heath concerns and needs.
This website has material which is owned by or licensed to us. This material includes, but is not limited to, the design, logos, images, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
If you create an account with Black Fitness Today, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the website resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to offer further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Black Fitness Today’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.