Terms and Conditions of MuscleWiki
The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of musclewiki.com, including any content, functionality, and services offered on or via musclewiki.com or the Application "MuscleWiki" (the "Application").
Please read these Terms and Conditions carefully before you start using MuscleWiki, because by using the Application you accept and agree to be bound and abide by these Terms and Conditions.
We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Application after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
The Website musclewiki.com and the Application "MuscleWiki" are owned by MuscleWiki SEZC., a special economic zone company incorporated in the Cayman Islands.
Conduct on Application
Your use of the Application is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Application.
By posting information in or otherwise using any communications service, chat room, message board, forum, software library, or other interactive service that may be available to you on or through the Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services available on or through the Application.
However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
By using MuscleWiki you agree that nothing contained on the website should be considered as, or used as a substitute for, medical advice, diagnosis or treatment.
Additionally you agree that you are aware that some of the activities demonstrated on this site involve certain risks including but not limited to heart attack, stroke, injury to bones, joints, or muscles, serious spinal and neck injuries resulting in complete or partial paralysis. You are voluntarily participating in mentioned activities with full knowledge of the involved dangers and hereby agree to accept any and all inherent risks of injury, property damage or death.
MuscleWiki accepts no liability for injury resulting from using the site or the Application and you agree that MuscleWiki, its owners and associates are not responsible for any loss of property, injury or death relating to your use of musclewiki.com services (whether on the Application or otherwise). Finally, you agree that MuscleWiki, its owners or associates shall have no liability to you under any interpretation of law, liability or indemnity in relation with your use of MuscleWiki's services or products (including the Application).
Intellectual Property
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on the Application is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of MuscleWiki.
You are only permitted to use the content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Application or website in any form or by any means without prior written permission from us or the content provider. You are solely responsible for obtaining permission before reusing any copyrighted material available on the Application.
Third-Party Websites
This Website and/or the Application may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
Payments and Refunds
Some features of the Application may be available only through paid subscriptions or purchases. When you make a payment through MuscleWiki, you agree to provide accurate billing information and authorize us (or our third-party payment processors) to charge you for the applicable fees.
Unless otherwise required by applicable law:
- All purchases and subscription fees are final and non-refundable.
- If you cancel a subscription, you will continue to have access to the service until the end of the billing period, after which your access will end.
- We do not provide refunds or credits for partial subscription periods, unused services, or accidental purchases.
- If you believe a payment has been processed in error, you must notify us within 14 days of the charge by requesting a refund via the method you purchased.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of MuscleWiki, including the Application, is at your sole risk. The Application is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Application, and you agree to defend, indemnify, and hold us harmless from any claims, losses, liability costs, and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Application. Because the Application is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.
Term and Termination
These Terms and Conditions will become effective in relation to you when you create a MuscleWiki account or when you start using MuscleWiki (whether on the Application or otherwise) and will remain effective until terminated by you or by us.
MuscleWiki reserves the right to terminate these Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Application whether in contravention of these Terms and Conditions or otherwise. If MuscleWiki terminates these Terms and Conditions, or suspends your account for any of the reasons set out in this section, MuscleWiki shall have no liability or responsibility to you.
Assignment
MuscleWiki may assign these Terms and Conditions or any part of it without restrictions. You may not assign these Terms and Conditions or any part of it to any third party.
Governing Law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of the Cayman Islands, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Application shall be instituted exclusively in the courts of the Cayman Islands.
Copyright Notice
Some MuscleWiki content may be used free of charge without prior consent. Videos, instructional text, and muscle information may be shared with MuscleWiki branding and links to musclewiki.com, and only for non-profit or academic use.
Content that cannot be redistributed without prior written consent of MuscleWiki includes:
- The male and female front/back muscle map illustrations featured on the homepage
- All tools, including calculators
- All image assets (.svg, .png, .jpg, .jpeg)
If you wish to discuss using this content, email [email protected] with your contact information, exactly which content you are interested in presenting and the URL on which it will appear. Once you are granted permission, we will require acknowledgements stating "images/content created by musclewiki.com and are used here with permission from MuscleWiki" along with a link to musclewiki.com on each page our images/content appear.
MuscleWiki may revoke usage rights at any time if we believe the use is not in the best interests of MuscleWiki SEZC or our business.
We also offer an API that may be used under specific terms, available at api.musclewiki.com.