Updated: 03/23/2015
Please read the terms and conditions before using Muscle Prodigy’s website, products, and services.
Introduction.
Welcome to Muscle Prodigy, one of the world’s leading health and fitness brands, which publishes some of the best-known health and fitness articles, and has some of the best products in this space.
By using this site, you have agreed to the Terms and Conditions of use with www.muscleprodigy.com/ (hereinafter referred to as: “MuscleProdigy.com”, “Muscle Prodigy”, “MuscleProdigy”, or “Muscle Prodigy LLC”). If you do not agree to all of the Terms and Conditions of this agreement, please do not use this site, read the articles, or send submissions to any of the emails associated with MuscleProdigy.com. Please note we may revise the Terms and Conditions at any point in the future.
Website Content
MuscleProdigy.com is purely a source of information and is not intended to replace a qualified professional. We recommend seeking professional advice from a qualified physician prior to embarking on any form of self-prescribed treatment by means of exercise, diet, and/or supplementation. The content provided by Muscle Prodigy is not intended to be relied on for medical diagnosis or treatment. Muscle Prodigy makes no claims about the accuracy, completeness, or reliability of the content of the site. Muscle Prodigy and its managing members will not be held liable for any damages resulting from the use or inability to use MuscleProdigy.com including incidental and consequential damages. Muscle Prodigy LLC takes no responsibility or liability in any injuries or damages that you may receive by following the advice or actions portrayed in any of its content (written or visual). The average individual should proceed with an assumption of enduring a higher chance of injury than those people depicted on the site.
Muscle Prodigy LLC does not claim to own the complete rights to the content contained on this site. Photos of professional or college athletes, entertainers, and celebrities depicted on the website are merely for educational purposes and fall under the Fair Use Act. Videos and music posted on the site are intended for streaming purposes only, and unless otherwise noted, Muscle Prodigy does not own the music or videos depicted on the site. No professional athletes or celebrities featured on the site are a representative of Muscle Prodigy nor affiliated with Muscle Prodigy unless otherwise made clear. Most pictures, however, are purchased with the rights to use them for editorial and/or commercial purposes. Written content, however, is in fact owned by Muscle Prodigy. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the content of Muscle Prodigy, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content of Muscle Prodigy, including without limitation any materials or content accessible on the Service.
Privacy Policy
Muscle Prodigy takes your privacy very seriously. By using the website, Muscle Prodigy may collect personal information with you online when you visit our website(s), through e-mail, through social media, and through the use of our mobile applications. We also collect personal information during transactions, sponsored events, and contests/sweepstakes. Personal information includes but is not limited to your name, postal address, e-mail address, telephone and cell phone numbers, wireless service provider, and all other information that identifies you or that is subject to personal information protection legislation. This is usually data that you enter and submit to us.
MuscleProdigy.com may contain links to other sites with information gathering practices different from our own. Visitors should consult privacy policies for all other sites, as Muscle Prodigy has no control over information submitted to or collected by such third parties. Muscle Prodigy sometimes offers products, contests, sweepstakes, or promotions sponsored or co-sponsored by third parties. These third parties may obtain personal information that visitors voluntarily submit to participate in the product, contest, sweepstakes, or promotion. Muscle Prodigy has no control over the third-party sponsor’s use of this information.
The information we collect allows us to customize the content and/or layout of our sites and applications for you and each other visitor. We also use your personal information to notify you about updates to our websites and applications, contact you with special offers of interest, surveys and contests, and to customize your experience.
In addition, Muscle Prodigy makes certain personal information and other information available to trusted third parties that work with us to provide products and services to our customers, that help us with marketing campaigns, or that intend to market products and services to you directly. These companies are obligated to protect the information they receive. We may retain your personal information for as long as is necessary to fulfill the purposes for which we collected it, to satisfy our legal obligations, and to protect our legitimate interests. We may also aggregate your information with other people’s information or de-identify your information. We use this information in order to understand trends and to evaluate the effectiveness of our business. We may retain aggregated and de-identified information indefinitely. By using Muscle Prodigy’s sites, social media, applications, products and services, you consent to our collection of personal information. When you register for an account, purchase a product or service, enter a contest or promotion, communicate with us, or use interactive portions of our sites and applications, you consent to our collection of personal information in accordance with this policy that you disclose or make available to us during those activities. In some cases, we may also ask you to confirm your knowledge of the terms of this policy; however, we are not obligated to do so.
Our Rights.
By submitting or sending Submitted Materials to us or posting it on or through the Site, Apps or Social Media, you grant us and our subsidiaries and affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture and likeness with the content you submit and otherwise in materials promoting, marketing or advertising the Site, Apps or Social Media or our goods or services, in any media, without any compensation or advance notice to you. Any information, creative works, ideas, testimonials, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted that you send to us or post on or through the Site, Apps or Social Media (including, for example items that you submit or post on our Facebook page, our message boards, in survey responses, on our blogs, or send to us by e-mail) (“Submitted Materials”) shall be deemed not to be confidential or secret. By submitting or sending Submitted Materials to us or posting it on or through the Site, Apps or Social Media, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time and for any reason and without advance notice to you.
Advertising
Muscle Prodigy’s website, social media, products, and services may contain advertisements for other sites and companies. Muscle Prodigy LLC makes no assurances or warranties (expressed or implied) about the accuracy or reliability of any advertisement. MuscleProdigy.com may provide links to other sites for convenience and may not be endorsed by Muscle Prodigy LLC. Muscle Prodigy LLC posts various articles about celebrities and professional or collegiate athletes. Any of the people that are featured on this site and the information regarding their lifestyle or workout routines are strictly for educational purposes only. These are not paid endorsements of any kind and Muscle Prodigy LLC makes no claims that the celebrities and athletes featured on the site are promoting Muscle Prodigy or are users of the products mentioned throughout the website.
INDEMNITY
You agree to defend, indemnify and hold harmless Muscle Prodigy, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content.
NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MUSCLE PRODIGY, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS 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, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. MUSCLE PRODIGY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSCLE PRODIGY LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Applicable Law.
These Terms and the relationship between you and us shall be governed by the laws of New York, New York. You agree that any controversy or claim that you have arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable Arbitration Rules. The place of arbitration shall be New York, NY USA. We operate the Site, Apps and Social Media from our locations in the United States of America. We do not represent that the Site, Apps or Social Media are appropriate or available for use in any other locations. If you choose to access the Site, Apps or Social Media from locations outside of the United States of America, do so on at your own risk. All parties to these terms and conditions waive their respective rights to a trial by jury.
Termination.
We may terminate, change, suspend or discontinue any aspect of the Site, Apps or Social Media services at any time. We may restrict, suspend or terminate your access if we believe you are in breach of these Terms or applicable law, or for any other reason without advance notice or liability.
Changes to Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Changes in the Terms will be effective when posted. Your continued use of the Site, Apps or Social Media after any changes to the Terms are posted will be considered acceptance of those changes.