Terms & Conditions
These Terms and Conditions are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms and Conditions and that you will use the Site in accordance with these Terms and Conditions and in compliance with all privacy, intellectual property, data protection, and all other applicable federal, state, and local laws and regulations.
To use this Site, you must be at least eighteen (18) years of age. By accessing or using this Site, you affirm and represent that you are over age eighteen (18). No one under the age of eighteen (18) is permitted to use this Site. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. This site is not intended for us by minors. If you are a parent or guardian of a minor it is your responsibility to make sure that your minor child does not use this Site. We are not responsible in any way if you fail to adequately supervise your minor.
USE OF THE SITE
Under these Terms and Conditions, you agree to refrain from, among other things, use of the Site or the Content in a manner that:
- is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, pornographic, libelous, harmful to minors, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes or misappropriates our, or a third party’s, intellectual property, confidentiality, or other rights;
- violates export and re-export control laws and regulations;
- advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
- absent our prior written permission, distributes advertising or promotional content;
- is inconsistent with the purposes for which the Site has been designed or with how the Site is intended to be used;
- violates or is otherwise contrary to accepted Internet practices and practices of any connected networks;
- imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
- provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
- accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or
- reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose.
You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this Site. You may not use this Site to transmit unsolicited email.
You agree to act responsibly on the Site and to treat other users with respect. Use of any Content for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content for commercial purposes, please send a written request to firstname.lastname@example.org . Decisions to grant or deny permission are within our sole discretion.
Using the Site does not give you ownership of any intellectual property rights in our Content or any other content that you access, nor does it give you permission to use any of our intellectual property or to use any intellectual property owned by any third parties which may appear on the Site. You may not use any of the Content from our Site unless you obtain prior written permission from us, or the owner to the extent that the Content used is not ours or you are otherwise permitted by law.
YOUR POSTS AND SUBMISSIONS
If you access the Site anonymously, you will not be required to create a user name. However, in order to access certain Content, add posts, or Submissions (as defined below), you may be required to provide specific information and to create a user ID and password to establish an account. You agree that any information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or other information), and you are solely responsible for any use (authorized or not) of your account(s). You agree to notify us immediately of any unauthorized activity regarding any of your account(s) or other breach of security. We may, in our discretion, suspend or terminate any of your user names and passwords at any time with or without notice.
When posting content on the Site, We ask you to use good taste when discussing sensitive topics. Users are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and please do not post rumors or negative opinions that are not supported by specific facts.
In addition to the prohibited activities described above, when posting information and media through the Site, you must not:
- Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Site;
- Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way does or could harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Megan Mae;
- Post statements or materials that misrepresent your affiliation with any entity and/or Megan Mae;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Megan Mae has no obligation or responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the Site in the future. Material posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of any User Content you post on the Site. You further represent and warrant that you own all rights in and to such User Content or have taken all steps necessary to secure written permission to use and publicly display any Use Content you post to the Site.
You further perpetually and irrevocably grant Megan Mae the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind. You waive all rights and release Megan Mae from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Content. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights, waivers or authorizations to allow Megan Mae’s use of such User Content in accordance with such license.
We may receive free products from marketers that we sometimes review or discuss in our editorial content. We may also run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
SPECIAL PROMOTION TERMS
CONSENT TO COMMUNICATIONS
USER CONTENT COMPLAINT PROCEDURES
If you believe that the Site contains Content, postings or other Submissions that violate the policies of this Site (other than in cases of copyright infringement, which is addressed separately below), please promptly notify us by email at the following address email@example.com. To allow us to respond effectively, please provide as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending Content or other material can be found; (4) any grounds to believe that the person who posted the Content or material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Content or material.
By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Florida. In addition, you agree, at your own expense, to defend and indemnify Megan Mae and hold Megan Mae harmless against all claims which may be asserted against it, and all losses incurred, as a result of your complaint and/or Megan Mae’s response to it.
You further agree that Megan Mae has the right (but not the obligation) to investigate any complaint received. By reserving this right, Megan Mae does not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of any Content. Megan Mae supports free speech on the Internet and therefore will not act on complaints that it believes, in its subjective judgment, to be deficient. If you believe that Content remains on the Site that violate your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against Megan Mae.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material (including, among other things, Site Content, User Content and/or any other Submissions) that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent:
Designated Person or Agent for DMCA Notices
NAME: Joanne Giorno
ADDRESS: 76 Bowman Drive
Greenwich, CT 06831
(the “DMCA Agent”). You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
FILING A DMCA NOTICE
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed, including a copy of the relevant copyright registration(s);
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).
FILING A DMCA COUNTER-NOTIFICATION
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.
REPEAT INFRINGER POLICY
Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.
LIABILITY FOR MISREPRESENTATION UNDER THE DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
MEDICAL, NUTRITION & FITNESS INFORMATION
You expressly acknowledge and agree that all medical, nutrition and fitness information provided on the Site, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by Megan Mae or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) a visit, call or consultation with your physician or other medical professionals, or (iii) information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately.
You should never disregard medical advice or delay in seeking medical advice because of any content presented on or via the Site and you should not use the website or any content available through or via the Site for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Megan Mae, its affiliates or any third party.
The Site may periodically provide information concerning fitness and athletic activities. You expressly acknowledge and agree that such activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others. Megan Mae strongly recommends that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.
You understand that products, if any, offered by Megan Mae may contain materials that could be dangerous if handled improperly, and you acknowledge that Megan Mae is not liable for any personal injury or property damage arising from any misuse of any products offered through the Site. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254
SYSTEM REQUIREMENTS AND DATA SECURITY
You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Site and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. We are not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any of our servers. We do not guarantee the protection of any User Content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
FEEDBACK AND SUBMISSIONS
You also acknowledge and agree that if and to the extent any Submission identifies you by name, likeness, voice or otherwise (“your identification”), the license granted by you and described above will automatically be deemed to cover and extend to our use of your identification in connection with our use of the Submission. In addition, you warrant that all so-called “moral rights” have been waived.
Any links provided from the Site are provided solely as a convenience to our users. We have no control over the content posted at the sites to which the links are directed, and we make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable the link.
When visiting external links, you should refer to that external site’s terms and conditions of use. No hypertext links shall be created from any site controlled by you or otherwise to this Site without our express prior written permission.
VIOLATIONS AND INDEMNIFICATION
DISCLAIMER OF WARRANTIES
IN ORDER TO PROVIDE YOU WITH FREE ACCESS TO THIS SITE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
You are using this Site at your own risk. Neither Megan Mae, nor its officers, directors, employees, agents, or representatives, or any party involved in the creation, production or delivering of Content for this Site (each, a “Megan Mae Party”) shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. No Megan Mae Party is responsible for any, and each Megan Mae Party disclaims all, liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access to and use of the Site, any information contained on the Site, your personal information or material and information transmitted over our system.
While every effort is made to update the information contained on the Site neither Megan Mae nor any third party or data or content provider make any representations or warranties, whether express or implied as to the accuracy, completeness or reliability of any information, data and/or content contained on the Site (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the Site. Megan Mae assumes no liability or responsibility for any errors or omissions in the material displayed on the Site. Megan Mae reserves the right at any time to change or discontinue without notice, any aspect or feature of the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
LIMITATION OF LIABILITY
IN ORDER TO PROVIDE YOU WITH FREE ACCESS TO THE SITE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THIS WEB SITE OR ANY LOSSES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF, OR ACCESS TO THIS SITE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.
In the event that, notwithstanding the foregoing disclaimers and limitations, Megan Mae is found responsible to any user for any reason whatsoever, liability shall not include punitive damages or consequential or resulting damages of any nature.
COMPLETE AGREEMENT AND NO REPRESENTATIONS
Megan Mae shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Site; (b) suspend your use of the Site; and/or (c) suspend the use of the Site for anyone Megan Mae believes to be connected (in whatever manner) to you, if:
3. Megan Mae suspects, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
Megan Mae’s rights under this section shall not prejudice any other right or remedy it may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination or suspension of your use of the Site.
WAIVER AND SEVERABILITY
YOUR COMMENTS OR QUESTIONS