General Use Restrictions: In NinjaBeat’s efforts to promote good citizenship within the Internet community, if NinjaBeat becomes aware of inappropriate use of the website and/or mobile application, NinjaBeat will respond in any way that, in its sole discretion, NinjaBeat deems appropriate. You acknowledge that NinjaBeat will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When legally required, NinjaBeat will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on our website or the Internet.
User Consent: You are solely responsible for the profiles (including your name, image, and likeness), reviews, submissions, messages, notes, text, information, photos, video, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through this website or mobile application, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website or mobile application that you did not create or that you do not have permission to post. You understand and agree that NinjaBeat may, but is not obligated to, review the website and mobile application and may delete or remove (without notice) any website and/or mobile application content or User Content in its sole discretion, for any reason or no reason, including User Content that, in the sole judgment of NinjaBeat, violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any User Content you post or store on the website, its mobile application, or provide to NinjaBeat. You agree that under no circumstances will NinjaBeat be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to NinjaBeat.
When you post User Content to the website or mobile application, you authorize and direct NinjaBeat to make such copies thereof as NinjaBeat deems necessary in order to facilitate the posting and storage of the User Content on the website or its mobile application. By posting User Content to any part of this website or mobile application, you automatically grant, and you represent and warrant that you have the right to grant to NinjaBeat an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content. NinjaBeat reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the website or its mobile application, provided, however, in the event NinjaBeat desires to use or publish any User Contact for a purpose other than to improve and market its products, NinjaBeat shall obtain consent from the creator of such User Content.
Third Party Interaction and Links to Third Party Websites: In your use of this website or its mobile application, you may encounter links to third party websites, services, and advertisements (collectively, “Third-Party Sites & Ads“). Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, interaction, purchase or promotion, is solely between you and the applicable third party. NinjaBeat provides these Third-Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you link to Third Party Sites & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites & Ads. You agree that NinjaBeat has no liability, obligation or responsibility for any such correspondence, interaction, purchase or promotion between you and any such third party including, but not limited to, any third-party credit card processing agency or any third party that accepts credit cards or other types of payments from you. Further, NinjaBeat and its agents or representatives do not endorse or in any respect warrant any third-party products, services, advice or opinions by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its articles and related content.
You agree that NinjaBeat shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between yourself and any third party, you acknowledge and agree that NinjaBeat is under no obligation to become involved. In the event that you have a dispute with any such third party, you hereby release NinjaBeat, its agents, affiliates, officers, directors, employees, successors and assigns, from any and all liability associated with such dispute.
Privacy: The privacy statement for NinjaBeat.com is available at https://www.ninjabeat.com/privacy-policy.
If you provide NinjaBeat any feedback or suggestions (“Feedback“) regarding this website and/or mobile application, you hereby assign to NinjaBeat all rights in the Feedback and agree that NinjaBeat shall have the right to use such Feedback and related information in any manner it deems appropriate. NinjaBeat will treat any Feedback you provide to NinjaBeat as non-confidential and non-proprietary. You agree and affirm you will not submit to NinjaBeat any information or ideas that you consider to be confidential or proprietary.
Copyright Policy: In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, this website and mobile application have designated an agent to receive notices of claims of copyright infringement:
NinjaBeat / NinjaBeat.com
Attn: Vice President of Business Operations
If you believe your copyright has been infringed, you may provide us with written notice. To be effective, the notification must be a written communication that includes the following:
- a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties: Your use of this website and/or mobile application is at your own risk. This website and/or mobile application may include inaccuracies or errors. The content contained on the website and/or mobile application has not been independently verified or authenticated in whole or in part by NinjaBeat. NinjaBeat has no liability for any faults, errors or omissions in any content or other products or services described on the website and/or mobile application, whether provided by NinjaBeat or third parties.
THIS WEBSITE AND/OR MOBILE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. NINJABEAT, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, PRODUCTS, SERVICES, OR CONTENT TO THIS WEBSITE AND MOBILE APPLICATION, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE OR MOBILE APPLICATION INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE DESCRIBED OR OFFERED ON THE WEBSITE AND/OR MOBILE APPLICATION. FURTHER, WE MAKE NO WARRANTY THAT THE WEBSITE AND/OR MOBILE APPLICATION: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. NINJABEAT ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT.
NINJABEAT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE AND/OR MOBILE APPLICATION, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE WEBSITE AND/OR MOBILE APPLICATION, OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL NINJABEAT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE AND/OR MOBILE APPLICATION, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE AND/OR MOBILE APPLICATION, OR CONDUCT OF ANY USERS OF THE WEBSITE AND/OR MOBILE APPLICATION, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE WEBSITE AND/OR MOBILE APPLICATION. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
NINJABEAT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE AND/OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE AND/OR MOBILE APPLICATION, OR YOUR INABILITY TO USE ANY OF THE SAME, EVEN IF NINJABEAT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS ENUMERATED HEREIN MAY NOT APPLY TO YOU.
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, NINJABEAT DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
NinjaBeat shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to break-down of the World Wide Web or this website and/or mobile application, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.
Health Disclaimer: This website and/or mobile application may provide weight management, workout recommendations or ideas, and other general health-related information and content published over the World Wide Web and is intended only to assist users in their personal weight loss, nutrition, fitness, and other health-related efforts. NinjaBeat and its affiliates are not medical organizations and our staff cannot give you medical advice or diagnosis. Nothing contained in this website and/or mobile application should be construed as such advice or diagnosis. The information, reports and articles that may be found on or available through this website and/or mobile application or its users should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Any information provided by this website and/or mobile application is for entertainment only and not as a treatment or remedy for an individual circumstance.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or nutrition, health, or fitness regimen. This website and/or mobile application is intended for use only by healthy adult individuals. The website and/or mobile application is not intended for use by minors or individuals with any type of health condition or concern. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or nutrition, health, or fitness regimen. Any product or service advertised on this website and/or mobile application does not guarantee the results shown on this website and/or mobile application and results may not be typical.
NinjaBeat does not warrant or represent that any such health-related information is error-free, and NinjaBeat does not represent or endorse any third parties or the methods that they use to arrive at their conclusions. All product specifications, performance data, and other information on the website or mobile application is for informational and illustrative purposes only and does not constitute a guarantee or representation that advertised products will conform to such specifications or performance data.
Inaccuracies or Errors: The descriptions, materials, submissions, and other representations of products or services on this website and/or mobile application may contain inaccuracies and errors. NinjaBeat does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products or services described on this website and/or mobile application may change without notice to you at any time.
Local Laws; Export Control: NinjaBeat controls and operates this website, and maintains its mobile application, from its headquarters in the United States of America and makes no representation that the products or services described on the website and/or mobile application are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this website and/or mobile application are solely directed to individuals, companies, or other entities located in the United States of America. If you use this website and/or mobile application from outside the United States of America, you are entirely responsible for compliance with applicable local laws.
Contact Details: Contact us at firstname.lastname@example.org.
In addition, you agree not to use this website and/or mobile application to:
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to this website and/or mobile application, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to this website and/or mobile application, other computer systems or networks connected to or used together with this website and/or mobile application, through password mining or other means;
- tamper with any copyright protection mechanisms applicable to content on the website and/or mobile application;
- introduce software or automated agents or scripts to the website and/or mobile application so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the website and/or mobile application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website and/or mobile application 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).
No Class Actions: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
If we have to provide information in response to a subpoena related to your account or license, then we reserve the right to charge you for our costs, which may include (but are not limited to) attorneys’ and employees’ time spent retrieving the records, preparing documents, and participating in a deposition.
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