1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the domain name, the "Beefy Muscle Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF Beefy Muscle' privacy notice, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Beefy Muscle Website.
2. Beefy Muscle Website
3. Website Access
A. Beefy Muscle hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
B. In order to access some features of the Website, you will have to create an 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 Beefy Muscle immediately of any breach of security or unauthorized use of your account. Although Beefy Muscle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Beefy Muscle or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Beefy Muscle servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Beefy Muscle grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Beefy Muscle 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 for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Beefy Muscle 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 Beefy Muscle, subject to copyright and other intellectual property rights under Russian Federation and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Beefy Muscle reserves all rights not expressly granted in and to the Website and the Content. 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, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Beefy Muscle Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Beefy Muscle Website or the Content therein.
5. User Submissions
A. The Beefy Muscle Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Beefy Muscle does not guarantee any confidentiality with respect to any 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:
C. In connection with User Submissions, you further agree that you will not:
Beefy Muscle does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Beefy Muscle expressly disclaims any and all liability in connection with User Submissions. Beefy Muscle does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Beefy Muscle will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Beefy Muscle reserves the right to remove Content and User Submissions without prior notice. Beefy Muscle will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. While pornographic and adult content are accepted, Beefy Muscle also 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 and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Beefy Muscle 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.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:
E. You understand that when using the Beefy Muscle Website, you will be exposed to User Submissions from a variety of sources, and that Beefy Muscle 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 Beefy Muscle with respect thereto, and agree to indemnify and hold Beefy Muscle, 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.
F. Beefy Muscle permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Beefy Muscle provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Beefy Muscle website on the pages containing the Embeddable Player. Beefy Muscle reserves the right to discontinue any aspect of the Beefy Muscle Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Beefy Muscle WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Beefy Muscle, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Beefy Muscle MAKES NO WARRANTIES 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
Beefy Muscle DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Beefy Muscle WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Beefy Muscle 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.
7. Limitation of Liability
IN NO EVENT SHALL Beefy Muscle, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Beefy Muscle 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.
The Website is controlled and offered by Beefy Muscle from its facilities in Russian Federation. Beefy Muscle makes no representations that the Beefy Muscle Website is appropriate or available for use in other locations. Those who access or use the Beefy Muscle Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Beefy Muscle, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, 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. In any case, you affirm that you are over the age of 18, as the Beefy Muscle Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Beefy Muscle Website-there are lots of other great web sites for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Beefy Muscle without restriction.
You agree that:
These Terms of Service, together with the Privacy Notice and
any other legal notices published by Beefy Muscle on the Website,
shall constitute the entire agreement between you and Beefy Muscle
concerning the Beefy Muscle 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 Beefy Muscle's failure to
assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Beefy Muscle
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 Beefy Muscle Website
following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. YOU AND Beefy Muscle
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Beefy
Muscle WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
Beefy Muscle recognizes that its customers, visitors, users, and others who use the Beefy Muscle website or other web sites owned or operated by Beefy Muscle (the "Beefy Muscle Sites") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Beefy Muscle Sites. Beefy Muscle provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Beefy Muscle Sites.
Please note that any video, image, or other content posted at the direction of Users onto the Beefy Muscle Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information Beefy Muscle Collects
User Provided Information: You provide certain personally identifiable information (such as your name and email address) to Beefy Muscle when choosing to participate in various activities on the Beefy Muscle Sites such as uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
The Way Beefy Muscle Retains Information
The Way Beefy Muscle Uses Information
When Beefy Muscle Discloses Information
You may, of course, decline to submit personally identifiable information through the Beefy Muscle Sites, in which case Beefy Muscle may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact Beefy Muscle with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices by emailing customer service.
Third-party Advertisers, Links to Other Sites
Beefy Muscle does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Beefy Muscle to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.
Our Commitment To Data Security:
Beefy Muscle uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Beefy Muscle and you do so at your own risk. Once we receive your transmission of information, Beefy Muscle makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Beefy Muscle learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Beefy Muscle may post a notice on the Beefy Muscle Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify customer service.
Our Commitment to Legal-Age Usage
Protecting children from adult ocntent is especially important. For that reason, Beefy Muscle does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Beefy Muscle Sites from persons under 18 years of age, and no part of our website is directed to persons under 18, or legal age according to state law. If you are under 18 years of age, then please do not use or access the Beefy Muscle Sites at any time or in any manner. If Beefy Muscle learns that personally identifiable information of persons under 18 years of age has been collected on the Beefy Muscle Sites then Beefy Muscle will take the appropriate steps to delete this information.
Special Note to International Users:
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and users are encouraged to review the Notices periodically to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Beefy Muscle Sites constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.