These Terms may be updated from time to time, without notice to you. Your continued use of the Site constitutes your acceptance to the new Terms.
Modification of Service and Limitations
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You may need to create an account in order to use certain features of this Site. You are solely responsible for the activity that occurs on your account so you must keep your account password secure. In other words, you may be liable to the Site or others as a result of any unauthorized use of your account. Thus, it is your responsibility to notify the Site immediately of any breach of security or unauthorized use of your account. We will not be liable for losses caused by any unauthorized use of your account. You may not, under any circumstances use another’s account without permission.
You may post reviews, comments, videos,photos, and other content on the Site (“User Content”). You understand that User Content may or may not be published to the Site. You may post User Content as long as the User Content is not illegal, obscene, threatening, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, as determined by the Site in its sole and absolute discretion, and does not contain software viruses, commercial solicitation or any form of spam. By posting or displaying User Content to the Site, you hereby grant to the Site a nonexclusive, royalty-free license, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the User Content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the User Content, that the User Content is accurate, that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity. The Site takes no responsibility and assumes no liability for any User Content posted by you or any third party.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Site, and we will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content without prior notice to you.
Access to the Site
All content included on the Site (excluding the User Content) is the property of the Site and is protected by United States and international copyright laws and trademark laws and is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserves all rights not expressly granted in and to the Site.
Availability of Site and Services
The Site may make changes to or discontinue any services available within the Site at any time without notice.
Links and Third Party Content
The Site or third parties may provide links on the Site to other sites or content ("Linked Sites"). The Site has no control over such Linked Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Linked Sites or content linked to by the Site. The Site provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Linked Sites.
Disclaimer of Warranties
You expressly understand and agree that THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED to you on an "as is" and "as available" basis. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We Make NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR OTHERWISE MADE AVAILABLE VIA THE SITE. SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.
Limitation of Liability
We ARE not liable for ANY damages of ANY kind that result from use of the Site. This applies to alleged liability on ANY basis, even if WE HAVE been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions Body by Jake liability, if any, shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless the Site and its affiliates, their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from your use or misuse of the Site, violation of these Terms and/or your User Content.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction.
The Site may terminate your Site account or suspend your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that Site, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of the Site, any other Site user, or any third party. YOU AGREE THAT THE SITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE You may discontinue your participation in and access to the SITE at any time. The SITE reserves the right to investigate your use of the Site in the event the Site, in its sole and absolute discretion, believes you have violated these Terms.
Choice of Law and Forum
These Terms are governed by will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the your use or misuse of the Site. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and waive the right to remove such action to a Federal District Court.
Severability and Integration
You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site.
Notice and Procedure for Making Claims of Copyright Infringement
The Site has in place certain legally mandated procedures regarding allegations of copyright infringement. The Site has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Site or of a third party, or otherwise violated any intellectual property laws or regulations. The Site’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want the Site to delete, edit or disable the material in question, you must provide the Site with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site to locate the material; (d) information reasonably sufficient to permit the Site to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Site’s designated agent at:
90 West St.
New York, NY 10006