1. Fitness and Health Magazine and Xcitement Media Group Content
1.1 The contents of the XcitementMedia.com, FitnessTX.com and FitnessandHealthMagazine.com Internet service are intended for the personal, noncommercial use of its Users. All materials published on XcitementMedia.com (including, but not limited to, feature articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and owned or controlled by XcitementMedia.com, Xcitement Media Group, Inc., or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.
1.2 XcitementMedia.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content, software, materials or service, in whole or in part.
1.3 User may not download or copy the Content and other downloadable items displayed on this Web site for personal use. User shall not store any significant portion of any Content owned by or licensed to XcitementMedia.com in any form.
2. Forums and Discussions
2.1 User shall not upload to, or distribute or otherwise publish through the Web site any Content that is libelous, defamatory, obscene, abusive or otherwise violates any law.
2.2 The Forums shall be used only in a noncommercial manner. User shall not, without the express approval of XcitementMedia.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
2.3 While XcitementMedia.com does not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, XcitementMedia.com reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.
2.4 User acknowledges that any submissions (e.g., letter to the editors, articles) may be edited, removed, modified, published, transmitted and displayed by XcitementMedia.com. In addition User warrants that all moral rights in any uploaded materials have been waived.
3. Access and Availability of Service and Links
3.1 XcitementMedia.com contains links to other related World Wide Web Internet sites, resources and sponsors of XcitementMedia.com. Since XcitementMedia.com is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster.
4. Representatives and Warranties
4.1 Neither XcitementMedia.com nor Xcitement Media Group, Inc. represents or endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by any User, information provider or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, memorandum or information shall be at User's sole risk. XcitementMedia.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web site. The Web site and all downloadable software are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or noninfringement. User hereby acknowledges that use of the Web site is at User's sole risk.
The material in this Web site could include technical inaccuracies or other errors. The User's use and browsing of the Web site is at the User's risk. Neither XcitementMedia.com nor any other party involved in creating, producing or delivering the Web site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the User's access to, or use of, the Web site. XcitementMedia.com does not warrant that the functional aspects of the Web site will be uninterrupted or error-free, or that this Web site or the server that makes it available are free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to particular Users. XcitementMedia.com reserves the right to make changes to this Web site at any time without notice.
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