THESE TERMS AND CONDITIONS ("Terms") govern your use of www.MuscleTalk.co.uk ("the Website"). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.
"Energy Active Ltd" means Energy Active Ltd, a company whose principal office is at Suite B Northfield Point, Cunliffe Drive, Kettering, Northants NN16 9QJ, United Kingdom
"Forum" means any discussion forum that is made available to Users of the Website from time to time;
"Login" means any email address, username and password accepted by Energy Active Ltd from time to time which enables a User to have access to certain elements of the Website from time to time made available to the User;
"Submission" means any article, avatar, link or comment that you submit to appear on the Website, including in any Forum or any attempt to contact other Users either via the Website or using information obtained from the Website;
"Terms" means the terms and conditions set out herein;
"Use" means any general use of the Website including but not limited to viewing information and registering or amending your Login;
"User" means any person who Uses the Website.
2. Energy Active Ltd
2.1 The Website is owned and managed by Energy Active Ltd. All information supplied on the Website is managed by Energy Active Ltd.
2.2 Energy Active Ltd can be contacted by writing to Energy Active Ltd at Ground Floor, Suite B Northfield Point, Northfield Avenue, Kettering, Northants NN16 9QJ, United Kingdom or by email on firstname.lastname@example.org
3. Use of the Website
3.1 By Using the Website or any aspect thereof you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
3.2 In the event that Energy Active Ltd, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website, and/or your Use of the Website is in breach of these Terms, Energy Active Ltd reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website and, in the case of illegal Use, instigating legal proceedings.
3.3 Energy Active Ltd may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
3.4 Energy Active Ltd reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice to Users.
3.5 The Website is intended for the personal Use of private individuals. You may not use the Website or any part thereof in connection with any commercial venture, other than as expressly permitted under these Terms or under other terms agreed in writing by Energy Active Ltd.
3.6 Use of the Website by individuals under the age of 16 is prohibited.
4. User Registration and Submissions
4.1 In order to access certain features of the Website, including the Forums, you will be required to register a Login with Energy Active Ltd. You will only be able to use a Login if you supply a valid email address when registering for such a Login. A validation link will be sent to that email address to enable a Login to be activated.
4.2 You agree to keep your Login confidential and not to allow any other individuals to use your Login to access any part of the Website. You agree that you are solely responsible for all activities under your Login.
4.3 You agree to notify Energy Active Ltd in the event that there is a breach of security or any unauthorised use of your Login.
4.4 You agree to indemnify and hold harmless Energy Active Ltd for any claims, losses, costs and expenses that it suffers as a result of activity conducted using your Login, including but not limited to failure to comply with the terms of clause 4.5 below.
4.5 By registering such a Login and accessing the Website, including any of the Forums, you agree that you will not make any Submission that may reasonably be deemed to be offensive, illegal or inappropriate, for example any Submission that:
4.5.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.5.2 harasses or advocates harassment of another person;
4.5.3 displays pornographic or sexually explicit material;
4.5.4 that is or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.5.5 promotes any illegal activities, including but not limited to the manufacture, supply or purchase of illicit performance enhancing substances;
4.5.6 provides instructional information about illegal activities, including but not limited to the manufacture or supply of illicit performance enhancing substances, violating someone else's privacy or providing or creating computer viruses;
4.5.7 promotes information that you know to be false or misleading;
4.5.8 engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Energy Active Ltd;
4.5.9 infringes any rights of any third party.
4.6 You further agree that you will not:
4.6.1 select or use a Login with the intent of impersonating another person;
4.6.2 allow any other person to use a Login that you have registered;
4.6.3 create multiple Logins;
4.6.4 use the Forums or information contained therein for commercial purposes;
4.6.5 Use the Website or information contained therein to send 'spam' communications to any other Users.
4.7 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that Energy Active Ltd may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website and hereby grant to Administrator a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
4.8 You warrant and represent that you own or are licensed to use the intellectual property rights in any Submissions that you make to the Website.
4.9 You hereby grant to Energy Active Ltd a non-exclusive, irrevocable licence to make your Submissions available to other Users of the Website and to edit your Submissions in the event that Energy Active Ltd deems it necessary to do so for whatever reason.
4.10 Users acting as a representative of a commercial organisation ("Commercial Representatives") may respond to any direct questions asked of them by another User by providing honest and accurate information only. Such Commercial Representatives may not, however, deviate from the question asked to promote any other aspects of the commercial organisation that they represent and should encourage Users asking questions to do so other than through the Forums. Unless specifically requested to do so by another User, a Commercial Representative must not submit any hypertext links that link to pages where the commercial organisation's products are available for sale. Commercial Representatives agree also to comply with the 'Guidelines for Companies and Members posting whilst representing their Companies' located at http://www.muscletalk.co.uk/advertisers/guidelines.pdf for additional obligations relating to their use of the Website and the Forum.
4.11 Any User who feels that a message on any Forum is objectionable is encouraged to contact Energy Active Ltd at Ground Floor, Suite B Northfield Point, Northfield Avenue, Kettering, Northants NN16 9HT, United Kingdom. Energy Active Ltd will review the relevant message as soon as is practicable and will take such action as it deems necessary if necessary.
5. Term and Termination
5.1 These Terms will remain in full force and effect while you are a User of the Website.
5.2 Energy Active Ltd may, at any time and for any reason, terminate these Terms with you, deny you access to the Website and delete any Login.
5.3 In the event of termination of these Terms or deletion of your Login for any reason, you must not attempt to Use the Website.
5.4 Clauses 4 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
6. Administrator Intellectual Property
6.1 Other than in relation to links to third party websites, Energy Active Ltd owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to User are reserved by Energy Active Ltd.
6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content of the Website.
6.3 You are expressly prohibited from:
6.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
6.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by Energy Active Ltd, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Energy Active Ltd or could be considered an infringement any of the intellectual property rights owned and/or licensed to Energy Active Ltd without first obtaining the written permission of Energy Active Ltd.
7. Warranties and Liabilities
7.1 Energy Active Ltd provides Users with access to the Website free of charge and, to the maximum extent permitted by law, Energy Active Ltd shall not be liable for any loss, injury or damage caused in whole or in part by Use of the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by Energy Active Ltd's failure to perform any of its obligations under these Terms.
7.2 In no event shall Energy Active Ltd be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
7.3 The information provided on the Website by Energy Active Ltd is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
7.4 Where the Website or any Submission made by any User includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Energy Active Ltd and, to the maximum extent permitted by law, Energy Active Ltd shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
7.5 To the maximum extent permitted by law, Energy Active Ltd expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
7.6 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Energy Active Ltd and Energy Active Ltd accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
7.7 For the avoidance of doubt, any information relating to the use of both legal supplements and ergogenic aids and illegal performance enhancing substances is no way approved by Energy Active Ltd and Energy Active Ltd strongly advises against the use of any such substances. Energy Active Ltd advises that you seek the advice of a suitably qualified physician before commencing any exercise regime, following any dietary or nutritional regimen or beginning the use of any dietary supplements, legal or otherwise.
8.1 Energy Active Ltd is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website, other than in relation to Submissions which for the avoidance of doubt may be displayed on the Website in accordance with these Terms and as such may be viewed by visitors to the Website. Energy Active Ltd is not able to control the use by third parties of any information appearing on the Website.
8.2 Energy Active Ltd is the data controller of your data submitted using the website.
8.3 Energy Active Ltd reserves the right to gather information relating to Use of the Website. By Using the Website you consent to collection and use of this information by Energy Active Ltd and to Energy Active Ltd and their direct associates contacting you to provide you with newsletters and marketing information.
8.4 Information about Users may be stored in a cookie (a small file that is sent by our web server to your computer), which can be accessed when you make return visits to the Website.
9.1 You may print and keep a copy of these Terms, which form the entire agreement between you and Energy Active Ltd and supersede any other communications or advertising with respect to the Website.
9.2 These Terms may only be modified with the prior written consent of Energy Active Ltd. Energy Active Ltd may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
9.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
9.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
9.5 You agree that because of the unique nature of the Website and Energy Active Ltd's proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Energy Active Ltd and monetary damages would be inadequate compensation. Therefore, you agree that Energy Active Ltd shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
9.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
9.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
9.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
9.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Energy Active Ltd and such third parties shall not be entitled to enforce any term of these Terms against Energy Active Ltd.
9.10 If you feel that any materials appearing on the Website are offensive, objectionable or potentially defamatory please contact Energy Active Ltd by way of email to email@example.com or by writing to Ground Floor, Suite B Northfield Point, Northfield Avenue, Kettering, Northants NN16 9HT, United Kingdom providing full details of the nature of your complaint and the materials to which the complaint relates.