Terms and Conditions
**PLEASE READ THIS DOCUMENT CAREFULLY. Fitness Guyz. (“Fitness Guyz,” “we,” or “us”) offers an online video sharing platform and community through its website located at FitnessGuyz.com and other Fitness Guyz-operated sites (collectively, the “Fitness Guyz Site”), mobile applications, connected TV applications, and other online services (collectively and including the Fitness Guyz Site, the “Fitness Guyz Service”). By registering as a member or by using the Fitness Guyz Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Fitness Guyz. If you do not wish to be bound by this Agreement, do not use the Fitness Guyz Service. **
1. Who May Use the Fitness Guyz Service
AGE REQUIREMENT: You must be at least 13 years old to use the Fitness Guyz Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Fitness Guyz Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Fitness Guyz Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Fitness Guyz Service. If your child is using the Fitness Guyz Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Fitness Guyz Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
WARNING: Even if you are old enough to use the Fitness Guyz Service and/or have your parent’s or guardian’s permission, some of the content available within the Fitness Guyz Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the Fitness Guyz Service
LICENSE: Fitness Guyz grants you a limited, non-exclusive license to access and use the Fitness Guyz Service for your own personal, non-commercial purposes. This includes the right to view content available on the Fitness Guyz Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Fitness Guyz Service for commercial purposes unless:
You are a Fitness Guyz PRO or higher subscriber, in which case you may use and access the Fitness Guyz Service for commercial and non-commercial purposes, subject to compliance with the Fitness Guyz Guidelines; or
You are a small-scale independent production company, non-profit, or artist, in which case you may use the Fitness Guyz Service to showcase or promote your own creative works.
If you sell Fitness Guyz-hosted videos directly to users other than through Fitness Guyz On Demand, such usage will be deemed an “Application” under our API Terms (whether you use our API or not) and will be subject to our API Terms.
RESTRICTIONS: Except as expressly permitted by Fitness Guyz in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fitness Guyz Service or any source code therein. Nor will you attempt to circumvent any of Fitness Guyz’s technical measures or take any measures to interfere with or damage the Fitness Guyz Service. All rights not expressly granted by Fitness Guyz are reserved.
MOBILE APP: Your use of the Fitness Guyz Service through one of our mobile applications is also subject to our Mobile App Addendum.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To fully use the Fitness Guyz Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Fitness Guyz and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Fitness Guyz Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SEAT ACCESS: If you are a PRO or Business subscriber, you may grant access to your account to other Fitness Guyz members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a Fitness Guyz member who has been granted access to a PRO or Business account, you must comply with the terms of this Agreement in accessing that account.
5. Subscriptions and Purchases
SUBSCRIPTIONS: In addition to offering Basic (free) Fitness Guyz memberships, we offer paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Fitness Guyz player or apps. Anyone who wishes to obtain storage capacity beyond what is offered with a particular subscription, or additional bandwidth for applications not using the Fitness Guyz player may request a custom account by contacting us here: join.Fitness Guyz.com/custom. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. In the case of Live subscription products, refunds are not available if the user has exceeded the storage or bandwidth threshold set forth in the refund policy presented at the time of purchase. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Fitness Guyz. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Fitness Guyz reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes a Basic (free) account and Fitness Guyz may disable access to or delete any content to comply with Basic account limits. If you’re using Fitness Guyz for commercial purposes, you will need to maintain a Fitness Guyz PRO or higher plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the Fitness Guyz Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Fitness Guyz Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Fitness Guyz Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Fitness Guyz may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Fitness Guyz determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fitness Guyz’s reputation and goodwill. If Fitness Guyz deletes your account for the foregoing reasons, you may not re-register for the Fitness Guyz Service. Fitness Guyz may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Fitness Guyz will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Fitness Guyz shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
All videos you submit must also comply with the Fitness Guyz Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the Fitness Guyz Service, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the Fitness Guyz Site (unless you are an official Fitness Guyz partner or advertiser and have a written agreement with Fitness Guyz).
Fitness Guyz has the right, but not the obligation, to monitor all conduct on and content submitted to the Fitness Guyz Service.
9. Licenses Granted by You
LICENSE TO Fitness Guyz: As between you and Fitness Guyz, you own the video content (“videos”) that you submit to the Fitness Guyz Service. By submitting a video, you grant Fitness Guyz and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Fitness Guyz Service; (ii) displaying the video on third party websites and applications through a video embed or Fitness Guyz’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the Fitness Guyz Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LIVE STREAMS: For the purposes hereof, a “video” includes a live stream and you are deemed to have “submitted” a video when you live stream any content using the Fitness Guyz Service, regardless of whether a permanent copy is created.
LICENSE TO OTHER USERS: You further grant all users of the Fitness Guyz Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Fitness Guyz Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that Fitness Guyz has no control over such caching.
9.2 Non-video Content
As between you and Fitness Guyz, you own all non-video content that you submit to the Fitness Guyz Service. You grant Fitness Guyz and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the Fitness Guyz Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Fitness Guyz on improving or adding new features to the Fitness Guyz Service, Fitness Guyz shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Fitness Guyz and grant the licenses set forth above; (ii) Fitness Guyz will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Fitness Guyz and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Fitness Guyz Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Fitness Guyz violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
Fitness Guyz respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal[at]Fitness Guyz[dot]com.
Fitness Guyz reserves the right to modify the Fitness Guyz Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fitness Guyz Service. Fitness Guyz has no obligation to screen or monitor any content and does not guarantee that any content available on the Fitness Guyz Service complies with this Agreement or is suitable for all users.
Fitness Guyz provides the Fitness Guyz Service on an “as is” and “as available” basis. You therefore use the Fitness Guyz Service at your own risk. Fitness Guyz expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fitness Guyz makes no representations or warranties:
That the Fitness Guyz Service will be permitted in your jurisdiction;
That the Fitness Guyz Service will be uninterrupted or error-free;
Concerning any content submitted by any member;
Concerning any third party’s use of content that you submit;
That any content you submit will be made available on the Fitness Guyz Service or will be stored by Fitness Guyz;
That the Fitness Guyz Service will meet your business or professional needs;
That Fitness Guyz will continue to support any particular feature of the Fitness Guyz Service; or
Concerning sites and resources outside of the Fitness Guyz Service, even if linked to from the Fitness Guyz Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Fitness Guyz Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) Fitness Guyz shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Fitness Guyz’s total liability to you shall not exceed the amounts paid by you to Fitness Guyz over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Fitness Guyz Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Fitness Guyz is not the primary producer of the visual content contained in the Fitness Guyz Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Fitness Guyz Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Fitness Guyz and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Fitness Guyz in exercising any right hereunder will waive any further exercise of that right. Fitness Guyz’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Fitness Guyz’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Fitness Guyz electronically. Fitness Guyz may provide all such communications by email or by posting them on the Fitness Guyz Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Fitness Guyz at legal[at]Fitness Guyz[dot]com or the following address:
Fitness Guyz, Inc. 555 West 18th Street New York, New York 10011 Attention: Legal Department
Nothing herein shall limit Fitness Guyz’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Fitness Guyz on the Fitness Guyz Site or a written amendment signed by an authorized representative of Fitness Guyz. A revised Terms of Service will be effective as of the date it is posted on the Fitness Guyz Site.
This Agreement constitutes the entire understanding between Fitness Guyz and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of Fitness Guyz’s application protocol interface (API), which is governed by our API Agreement.
END OF DOCUMENT. Have a nice day.