WORKOUTZ.COM VIDEO UPLOADING TERMS AND CONDITIONS

INTRODUCTION


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEOFRE USING THIS WORKOUTZ.COM WEBSITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU SHALL NOT UPLOAD ANY FILES TO THIS SITE. Workoutz.com, provides a free service to users wishing to upload a wide array of fitness related files such as diet and nutrition information, educational materials, how to perform exercises and workouts, opinion statements, medical information, supplement information, sporting activities, etc.


CHANGES TO TERMS AND CONDITIONS 


WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.


UPLOADING POLICY


By uploading an video/image or other content (the "Content"), you, the uploader, grant workoutz.com, its parent, subsidiaries, affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the sites owned by workoutz.com or its parent, subsidiaries, affiliates, partners or third party licensees, including displaying your content in online advertisements. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.


You, the uploader, further represent and warrant that (i) you have the permission of all persons or images featured in the Content to upload such Content; (ii) Content is your original work and is exclusively owned by you or have been granted expressed permission by the owner for the use of such Content; (iii) the Content does not contain pirated or sexually-explicit material or copyrighted materials; and (iv) the Content does not contain any potentially malicious software or software which conflicts with the normal operation of workoutz.com systems.


INDEMNIFICATION


You, the uploader, by clicking on the link below, SPECIFICALLY agree to incur full liability for any file, video, image, document, software or similar fitness related Content, uploaded to workoutz.com. You further and SPECIFICALLY agree to FULLY indemnify workoutz.com against all claims and damages, including claims but not limited to alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution, and hold workoutz.com, its parent company, subsidiaries, affiliates, officers, directors, agents, contractors, subcontractors, attorneys’, and employees, harmless from any claim or demand for punitive, consequential, incidental, exemplary, indirect, or special damages (including, without limitation, damages for loss of profits, revenues, business, use, data, or other intangibles), whether or not such damages were foreseeable and even if you were not advised of the possibility or likelihood of such damages, including reasonable attorneys' fees and court costs, made by any third party or violation of any law or the rights of a third party, whether your uploaded file directly, indirectly, intentionally or negligently, caused harm to the third party or a violation of the law.


You further agree to fully reimburse workoutz.com for the full court costs, associated costs and legal fees incurred in the defense of any matter brought against workoutz.com as a result of any file uploaded by you.


JURISDICTION

Your use of this workoutz.com shall be governed in all respects by the laws of the State of Arizona, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the use of this site (including but not limited to the purchase of workoutz.com, products) shall be in the state or federal courts located in Maricopa County, U.S.A..


MISCELLANEOUS


IP addresses

IP addresses are logged by workoutz.com and used to identify our visitors.

Collection of e-mail addresses

Workoutz.com collects email addresses belonging to senders and receivers for the purpose of logging and measuring usage. We may disclose your information if necessary to protect our legal rights or if the information relates to actual or threatened harmful conduct or potential threats to the physical safety of any person. The disclosure of personal information may be required by court or law enforcement officials.


Cookies

Workoutz.com uses cookies to store the preferences and track trends of users and may place a unique "cookie" on your browser for proof that you have read and accepted our uploading policies.


Advertising through intermediaries

Ads on our website are presented by advertising intermediaries. These companies may use information concerning your visiting our website and other web pages (excluding your personal info, such as name, address, email address and phone number) with the purpose of advertising products and services that would interest you most as a perspective customer.


If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. workoutz.com may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.


RESERVATION OF RIGHTS


workoutz.com reserves to itself any and all rights not expressly granted herein.