Terms of Service

These Terms of Service ("Terms") apply when you use a website, mobile application, or other online service (collectively, the "Services") that links or refers to the Terms. These terms are a legal contract between you and HealthFitnessDIY.com ("HealthFitnessDIY," "we" or "us") so it is important that you review them carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms, which include the Discussion and Submission Guidelines. If you do not agree to the Terms, do not access or use the Services.

1. General

We may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the "Terms of Service" link at the bottom of the Services' home page. If you continue to use the Services after changes are posted you will be deemed to have accepted the change.

2. Compliance With Applicable Laws

As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. The Services are offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose.

3. Privacy

By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy.

4. Discussion And Submission Guidelines

The Services allow you to post content and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form. You represent that you have read and agree to abide by the Discussion and Submission Guidelines, which are incorporated by reference into these Terms, and that by making a submission you are consenting to its display and publication on the Services and in related online and offline promotional materials, in accordance with the guidelines. We may change or modify those guidelines at any time.
By posting content on, to, or through the Services, you give us the right to display such content on the Services and through affiliated publications and to distribute such content and use such content for promotional and marketing purposes, pursuant to the terms of the Discussion and Submission Guidelines. Specifically, you provide us with a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.

5. Copyright

The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Services, or unless expressly authorized by HealthFitnessDIY in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only. To obtain written consent to use a copyrighted work, please see our Reprints & Permissions section.
Just as HealthFitnessDIY requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by email at copyrightagent@healthfitnessdiy.com. Please provide our copyright agent with the following information in writing:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number, and email address, so that we may contact you if necessary;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to HealthFitnessDIY or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of HealthFitnessDIY, its affiliates, or any third party.

7. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
  • Post content that is prohibited by or otherwise not in compliance with these Terms (including the Discussion and Submission Guidelines).
  • Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.
  • Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
  • Copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except for content you have posted on the Services, or unless expressly authorized. You may download material from the Services solely for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only.
  • Distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. See our Reprints & Permissions section for more information on distribution. In addition, these files may not be used to construct any kind of database.
  • Engage in unauthorized "scraping" or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information.
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than generally available third-party web browsers.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.
  • Take any action that violates or threatens our system or network security.
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.