Terms

Introduction

These Terms & Conditions (“Terms”) and Forum Rules & Guidelines (“Rules”) at https://www.realmuscleforum.com/pages/forum-rules/ set out the terms of use under which you may use this website, (“Our Site”). By using Our Site, you agree to these Terms and to the Rules in full. If you disagree with these Terms or the Rules, or any part thereof, you must stop using Our Site immediately. Our Site uses cookies. By using Our Site and agreeing to these Terms, you consent to our use of cookies in accordance with our Cookies Policy as set out in our Privacy Notice.

• Intellectual Property Rights
• Unless otherwise stated, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
• You may:
• Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
• Download Our Site (or any part of it) for caching;
• Print page(s) from Our Site for your own personal use;
• Download extracts from pages on Our Site; and
• Save pages from Our Site for later and/or offline viewing.

You must not: (a) Re-publish material from Our Site (including re-publication on another website); (b) Sell, rent or sub-license material from Our Site; (c) Show any material from Our Site in public; (d) Reproduce, duplicate, copy or otherwise exploit material on Our Site for a commercial purpose; (e) Edit or otherwise modify any material on Our Site; or (f) Re-distribute material from Our Site (except for content specifically and expressly made available for re-distribution, such as our newsletter). Where Content is re-distributed, our status as the owner and author of the Content on Our Site (or that of identified Users and/or licensors, as appropriate) must always be acknowledged.

Acceptable Use

As stated above, the use of Our Site is governed by these Terms and by the Forum Rules & Guidelines at https://www.realmuscleforum.com/pages/forum-rules/ You are hereby reminded that:

• You must not use Our Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• You must not use Our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to Our Site without our express written consent.
• You must not use Our Site to transmit or send unsolicited commercial communications.
• You must not use Our Site for any purposes related to marketing without our express written consent.

Restricted Access and Accounts

Access to certain areas of Our Site is restricted and requires an Account in order to access them. We reserve the right to restrict access to other areas of Our Site, or indeed our whole website, at our discretion.

• You may not create an Account if you are under sixteen (16) years of age. If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
• When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
• We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else.

You are responsible for any activity on Our Site arising out of any failure to keep your password safe and may be held liable for any losses arising out of such a failure. If you believe your Account is being used without your permission, please contact us immediately at mark@realmuscleforum.com We will not be liable for any unauthorised use of your Account.

• You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
• Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the General Data Protection Regulations 2016/679 (“GDPR”),as set out in our Privacy Notice at https://www.realmuscleforum.com/pages/privacy-policy/

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of some of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. Your information will be deleted as set out under the “How long we keep your information” section of our Privacy Notice and in accordance with the Rules (see https://www.realmuscleforum.com/pages/forum-rules/ ). We reserve the right to disable your Account at any time in our sole discretion, with or without notice or explanation.

User Content

In these Terms, “Your Content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to Our Site, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights. You warrant and represent that Your Content will comply with these Terms. Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any content to Our Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to Our Site, or stored on our servers, or hosted or published upon Our Site. Notwithstanding our rights under these Terms in relation to Your Content, we do not undertake to monitor the submission of such content to, or the publication of such content on Our Site.

• Viruses, Malware and Security
• We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
• You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
• You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
• You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
• You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
• By breaching the above provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

Limited Warranties

We do not warrant the completeness or accuracy of the information published on Our Site; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to Our Site and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and Exclusions of Liability

Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these Terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these Terms or in relation to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that Our Site and the information and services on Our Site are provided free of charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of These Terms

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to Our Site, prohibiting you from accessing Our Site, blocking computers using your IP address from accessing Our Site, contacting your internet service provider to request that they block your access to Our Site and/or bringing court proceedings against you.

Variation

We may revise these Terms from time to time. Revised Terms will apply to the use of Our Site from the date of publication of the revised Terms on Our Site. You are therefore advised to check this page on a regular basis.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

Entire Agreement

Subject to the above, these Terms together with our Privacy Notice at https://www.realmuscleforum.com/pages/privacy-policy/ and Forum Rules & Guidelines https://www.realmuscleforum.com/pages/forum-rules/ constitute the entire agreement between you and us in relation to your use of Our Site and supersede all previous agreements in respect of your use of Our Site.

Law and Jurisdiction

These Terms will be governed by and construed in accordance with English law, and any dispute relating to these Terms will be subject to the non-exclusive jurisdiction of the courts of England and Wales.