of Use”) shall govern your visit to and use of the web sites provided by Robert
Kennedy Publishing (“RKP”), including www.rkpubs.com, www.emusclemag.com, www.eatcleandiet.com, www.cleaneatingmag.com, www.oxygenmag.com, www.toscareno.com, www.americancurvesmag.com, www.maxfitmag.com, www.repsmag.com,
and all subdomains of such web sites, as well as all services related to such
websites (such websites and services, collectively, the “Site”). By using the
We reserve the right to change the terms and conditions of these Terms of
Use. We will announce any such changes by posting a revised draft of these Terms
of Use on the Site. By continuing to use the Site following such changes, you
will be deemed to have agreed to such changes. You agree to review these Terms
of Use periodically to be aware of any such changes. Your use of certain services
on the Site may be governed by additional rules, which are hereby incorporated
herein by this reference. By using any service, you acknowledge that you have
reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time to: change or discontinue any content
or feature of the Site or any services or products made available through the
Site without notice; charge fees in connection with the use of the Site; modify
and/or waive any fees charged in connection with the Site; and/or offer opportunities
to some or all users of the Site. You agree that we will not be liable for any
modification, suspension or discontinuance of the Site or any service, content,
feature or product offered through the Site. Your continued use of the Site
after such changes will indicate your acceptance of such changes.
RKP operates its Internet sites from its offices in Canada. RKP does not make
any representation to the effect that all items on its Sites may be used in
other locations. People who access RKP Sites do so at their own initiative and
are responsible for complying with all laws applicable to them.
If you have any questions regarding the meaning or application of this Agreement,
please direct your questions to firstname.lastname@example.org
Please note that we do not accept unsolicited materials for use in our publications,
other media or businesses. We are not responsible for the similarity of any
of our content or programming to any media or materials or ideas transmitted
to the Site. Should you send any unsolicited materials or ideas, you do so with
the understanding that no consideration of any sort will be provided to you,
and that you are waiving any claim against RKP or our affiliates regarding the
use of such materials and ideas, even if materials or ideas are substantially
similar to the idea you submitted.
SWEEPSTAKES AND CONTESTS
From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles,
promotions and games on the Site. Each of these activities may be governed by
specific rules accessible from the pages of the Site offering the promotion,
you will become subject to those rules. RKP urges you to read any applicable
rules, which will be linked from the particular activity, and to review our
you submit in connection with such activities. To the extent that the terms
conditions of such rules shall control.
Copyright 2011 Robert Kennedy Publishing. All rights reserved.
This Site and the contents of the Site are intended for your personal use.
The Site contains copyrighted material, including text, software, photos, audio
and video clips, graphics, illustrations, images, logos and music and sound
(collectively, the “Site Content”). This Site is protected as a collective work
pursuant to U.S. Copyright laws, international conventions, and other copyright
laws. RKP and third party content providers also own copyrights in the original
content on the Site. You may not modify, distribute, display, reverse engineer,
perform, reproduce, create derivative works from or in any way exploit any of
download or copy one copy of the Site Content for your personal, noncommercial
use only, provided that you do not change or delete any author attribution,
trademark, legend, copyright notice, or other proprietary notices. You agree
that you cannot download, copy or use Site Content for uses other than your
personal, noncommercial use without the express prior, written consent of us
and, as applicable, our licensor(s). You acknowledge and agree that you do not
require any ownership rights by downloading copyrighted material. You may not
download or copy and product listings, descriptions, or prices, nor may you
use any meta tags or any other hidden text utilizing our names or trademarks,
without our express written consent.
COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that any material or content posted on the Site
infringes on your copyright, you (or your agent) may send us a notice requesting
that we remove the material or block access to it.
To send a notice, please forward the following information to email@example.com:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material of where the allegedly
infringing material is located;
- A statement by you that you have a good faith belief that the disputed
use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the personal authorized to
act on behalf of the owner of the copyright interest; 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.
Please note that, because we host oxygenmag.com and other forums and communications
on the Site and therefore redistribute materials you give us, we need to obtain
certain rights in those materials. You hereby grant us a royalty-free, worldwide,
perpetual, sub-licensable (through multiple tiers), irrevocable, transferable,
non-exclusive right to use, reproduce, modify, create derivative works from,
distribute, digitally perform, publicly perform and publicly display and otherwise
exploit in any manner any content, material and/or your name posted on the Site
(collectively, the “Material”), and/or to incorporate it in other works in any
form, media or technology now known or later developed, for any purpose whatsoever,
commercial or otherwise, without compensation to or prior approval by you. By
submitting or sending Material to the Site you represent and warrant that (1)
no other party has any rights to the Material or that you have all rights necessary
to grant the rights granted hereunder, (2) the Material is not subject to any
obligation, whether of confidentiality, attribution or otherwise, on our part
and we shall not be liable for any use or disclosure of any Material, and (3)
your provision of the Material to and through the Site, complies with all applicable
laws, rules and regulations. Your further irrevocably waive any “moral rights”
or other rights with respect to attribution or authorship or integrity of the
Material that you may have under any applicable law under any legal theory.
USER SUBMITTED CONTENT
On certain sections of the Site, you may be permitted to post comments, information,
creative works (including but not limited to audio or audiovisual works), photographs,
recipes or other materials (“User Content”).
Without limiting the foregoing, such license permits RKP to publicly display,
publicly perform, distribute, and reproduce the User Content, in whole or in
part, alone or with other material on or via the Internet, including without
limitation, any RKP authorized online and offline receiving and playback devices
by any means of transmission now known or hereafter divised. You further grant
RKP the right to use your User Content, likeness, biographical information,
logos, marks or trade names, or other information provided or obtained, including
without limitation, the right to publicly display, publicly perform, distribute,
and reproduce such excerpts of your User Content, for purposes of advertising
or promoting RKP, (1) its products and/or services; (2) such User Content will
not infringe the rights of any person or entity, or violate any governmental
rule, regulation statute or law, or the terms and conditions of use of this
Site; (3) no money will be owing to any party as a result of the posting of
the User Content or its use as contemplated herein; (4) you will be responsible
for all User Content submitted through your e-mail access, and for all purposes
under these Terms and conditions, all submissions from your account shall be
deemed to have been submitted by you; and (5) you are 18 or older.
RKP may edit, alter, post, decline to post, remove, discard or delete your
User Content at anytime without any further notice.
RKP may, at no cost or expense to you, process your material for playback
over the Internet or direct playback on prepared files. RKP shall have and ertail
all right, title and interest in and to the data resulting from such processing
(“Digital Files”), including without limitation, encoding, compressing, formatting
and processing of audio and video data. RKP agrees that its use of the Digital
Files will be in accordance with this Agreement.
THIRD PARTY SERVICES AND CONTENT
The Site contains services and content supplied by parties other than RKP
(such serves and content, collectively, “Third Party Services,” “Third Party
Providers”), including Third Party Services that connect Site users with third
party vendors (“Third Party Vendors”).
Any opinions, advice, judgments, statements, services, offers, or other information
or materials expressed or made available by and Third Party Provider or Third
Party Vendor, including through and Third Party Service, are those of the respective
author(s) or distributor(s) and not of RKP. We are not responsible for such
information, including errors or omissions in such information or materials
or results obtained by using such information or materials, and shall not be
liable for any loss or damage caused by your reliance on such information or
materials. RKP does not guarantee the accuracy, completeness, or usefulness
of any Third Party Services or such information or materials, nor their merchantability
or fitness for any particular purpose. You are solely responsible and liable
for (and RKP shall not e responsible or liable for) your Communications with
Third Party Providers and Third Party Vendors. RKP is not involved in, a party
to, or responsible for any Communications between you and any Third Party Provider
or Third Party Vendor or any disputes arising therefrom. Any such Communications
with disputes are specifically and solely between you and the applicable Third
Party Provider or Third Party Vendor. Any warranties or representations made
with regard to any Third Party Provider, and Third Party Vendor, the conduct
of any Third Party Provider’s or Third Party Vendor’s business, or any products
or services featured on any Third Party Service, are made by the applicable
Third Party Provider or Third Party Vendor, and not by RKP. You agree to release
RKP, it’s affiliates and third party service providers, and their respective
directors, officers, employees, owners, licensors and agents from all claims,
demands and damages (actual and consequential) of any kind and nature, known
and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected with any Communications or disputes between you and
any Third Party Provider or Third Party Vendor. We do not endorse and Third
Party Provider or Third Party Vendor, nor do we guarantee the quality of their
goods or services, the information they provide through the site, or the conduct
of their respective businesses. We encourage you to conduct your own research
and due diligence into the Third Party Providers and Third Party Vendors.
YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE
IS AT YOUR OWN RISK.
YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT,
PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE,
IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE
TO SUCH LINKED SITE AND SUCH MATERIAL.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE
SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION
YOU SPECIFICALLY ACKNOWLEDGE THAT RKP, IT’S SUBSIDIARIES, AFFILIATES, SUPPLIERS,
ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN OF RKP OR SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
RKP NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NORE FOR ANY OFFENSIVE, DEFAMATORY,
OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.
MONITORING; REMOVAL OF CONTENT
We have the right, but not the obligation, to monitor the content and use
rules established by us, or for any other reason or purpose. We reserve the
right, in our sole discretion, to edit, refuse to post, or remove any content
or materials submitted to or posted on the Site, for any reason, including if
objectionable or inaccurate. We also reserve the right, in our sole discretion,
to disclose such materials and the circumstances surrounding their transmission
to any third party in order to operate the Site properly; to protect ourselves,
our sponsors, and our Members and visitors; to comply with legal obligations
or governmental requests; or for any other reason or purpose.
Your only right with respect to any dissatisfaction with (1) these Terms of
Use, (2) any policy or practices of ours in operating the Site, or (3) any content
available through the Site or any change therein, is to stop visiting and using
the Site. We may terminate your use of the Site, including your membership in
the Site, at any time, in our sole discretion. Upon any such termination, your
right to use the Site will immediately cease. You agree that any termination
of your access to or use of the Site may be affected without prior notice, and
that we may immediately deactivate or delete your password and Member name,
and all related information and files associated with it, and/or bar any further
access to such information or files. You agree that we shall not be liable to
you or any third party for any termination of your access to the Site or to
any such information or files, and shall not be required to make such information
or files available to you after any such termination.
You shall be responsible for obtaining and maintaining all telephone, computer
hardware, and other equipment needed for access to and use of the Site, and
you are responsible for all charges related thereto.
TRANSMITTING AND DOWNLOADING
RKP is not responsible for any damages incurred as a result of any interruption,
transmission blackout, delayed transmission or incorrect data transmission over
RKP does not warrant or represent that the Site will meet your requirements,
that access will not be interrupted or delayed, that there will be no failures,
errors or omissions or loss of transmitted information, that no viruses will
be transmitted or that no damage will occur to your computer system.
You are responsible for undertaking suitable precautions to scan for computer
viruses and maintaining a back up of all data and/or equipment.
By using this Site, you agree that you will be responsible for maintaining
the confidentiality of any passwords and account information you may provide,
and that you will restrict access to your computer to avoid disclosure of such.
You further agree that you will be responsible for all activity taken under
your password and/or account.
Please see Oxygen's and Robert Kennedy Publishing's privacy
LINKING TO OUR SITE
If you are interested in linking to the Site from your site, please e-mail
your request, which we may approve or deny in our sole discretion, to firstname.lastname@example.org