RKP TERMS OF USE

The terms and conditions set forth in this terms of use notice (the “Terms of Use”) shall govern your visit to and use of the web sites provided by Robert Kennedy Publishing (“RKP”), including www.rkpubs.com, www.emusclemag.com, www.eatcleandiet.com, www.cleaneatingmag.com, www.oxygenmag.com, www.toscareno.com, www.americancurvesmag.com, www.maxfitmag.com, www.repsmag.com, and all subdomains of such web sites, as well as all services related to such websites (such websites and services, collectively, the “Site”). By using the site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this site.

GENERAL

We reserve the right to change the terms and conditions of these Terms of Use. We will announce any such changes by posting a revised draft of these Terms of Use on the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which are hereby incorporated herein by this reference. By using any service, you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

RKP operates its Internet sites from its offices in Canada. RKP does not make any representation to the effect that all items on its Sites may be used in other locations. People who access RKP Sites do so at their own initiative and are responsible for complying with all laws applicable to them.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to terms@rkpubs.com

SUBMISSIONS

Please note that we do not accept unsolicited materials for use in our publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against RKP or our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.

SWEEPSTAKES AND CONTESTS

From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions and games on the Site. Each of these activities may be governed by specific rules accessible from the pages of the Site offering the promotion, which are separate from these Terms of Use. By participating in any such activities, you will become subject to those rules. RKP urges you to read any applicable rules, which will be linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules shall control.

COPYRIGHT

Copyright 2009 Robert Kennedy Publishing. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos and music and sound (collectively, the “Site Content”). This Site is protected as a collective work pursuant to U.S. Copyright laws, international conventions, and other copyright laws. RKP and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download, copy or use Site Content for uses other than your personal, noncommercial use without the express prior, written consent of us and, as applicable, our licensor(s). You acknowledge and agree that you do not require any ownership rights by downloading copyrighted material. You may not download or copy and product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that any material or content posted on the Site infringes on your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it.

To send a notice, please forward the following information to terms@rkpubs.com:

-       Your address, telephone number, and email address;

-       A description of the copyrighted work that you claim has been infringed;

-       A description of the allegedly infringing material of where the allegedly infringing material is located;

-       A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

-       An electronic or physical signature of the personal authorized to act on behalf of the owner of the copyright interest; and

-       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

LICENSE

Please note that, because we host oxygenmag.com and other forums and communications on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site (collectively, the “Material”), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. Your further irrevocably waive any “moral rights” or other rights with respect to attribution or authorship or integrity of the Material that you may have under any applicable law under any legal theory.

USER SUBMITTED CONTENT

On certain sections of the Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works), photographs, recipes or other materials (“User Content”).

Without limiting the foregoing, such license permits RKP to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, alone or with other material on or via the Internet, including without limitation, any RKP authorized online and offline receiving and playback devices by any means of transmission now known or hereafter divised. You further grant RKP the right to use your User Content, likeness, biographical information, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce such excerpts of your User Content, for purposes of advertising or promoting RKP, (1) its products and/or services; (2) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Site; (3) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated herein; (4) you will be responsible for all User Content submitted through your e-mail access, and for all purposes under these Terms and conditions, all submissions from your account shall be deemed to have been submitted by you; and (5) you are 18 or older.

RKP may edit, alter, post, decline to post, remove, discard or delete your User Content at anytime without any further notice.

RKP may, at no cost or expense to you, process your material for playback over the Internet or direct playback on prepared files. RKP shall have and ertail all right, title and interest in and to the data resulting from such processing (“Digital Files”), including without limitation, encoding, compressing, formatting and processing of audio and video data. RKP agrees that its use of the Digital Files will be in accordance with this Agreement.

THIRD PARTY SERVICES AND CONTENT

The Site contains services and content supplied by parties other than RKP (such serves and content, collectively, “Third Party Services,” “Third Party Providers”), including Third Party Services that connect Site users with third party vendors (“Third Party Vendors”).

Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by and Third Party Provider or Third Party Vendor, including through and Third Party Service, are those of the respective author(s) or distributor(s) and not of RKP. We are not responsible for such information, including errors or omissions in such information or materials or results obtained by using such information or materials, and shall not be liable for any loss or damage caused by your reliance on such information or materials. RKP does not guarantee the accuracy, completeness, or usefulness of any Third Party Services or such information or materials, nor their merchantability or fitness for any particular purpose. You are solely responsible and liable for (and RKP shall not e responsible or liable for) your Communications with Third Party Providers and Third Party Vendors. RKP is not involved in, a party to, or responsible for any Communications between you and any Third Party Provider or Third Party Vendor or any disputes arising therefrom. Any such Communications with disputes are specifically and solely between you and the applicable Third Party Provider or Third Party Vendor. Any warranties or representations made with regard to any Third Party Provider, and Third Party Vendor, the conduct of any Third Party Provider’s or Third Party Vendor’s business, or any products or services featured on any Third Party Service, are made by the applicable Third Party Provider or Third Party Vendor, and not by RKP. You agree to release RKP, it’s affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any Third Party Provider or Third Party Vendor. We do not endorse and Third Party Provider or Third Party Vendor, nor do we guarantee the quality of their goods or services, the information they provide through the site, or the conduct of their respective businesses. We encourage you to conduct your own research and due diligence into the Third Party Providers and Third Party Vendors.

YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.

YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIAL.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT RKP, IT’S SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN OF RKP OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

RKP NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NORE FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.

MONITORING; REMOVAL OF CONTENT

We have the right, but not the obligation, to monitor the content and use of the Site, to determine compliance with these Terms of Use and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of these Terms of Use or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.

TERMINATION

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practices of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

EQUIPMENT

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

TRANSMITTING AND DOWNLOADING

RKP is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the internet.

Rkp does not warrant or represent that the Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

YOUR RESPONSIBILITIES

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.

By using this Site, you agree that you will be responsible for maintaining the confidentiality of any passwords and account information you may provide, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.

PRIVACY

Please see Oxygen's and Robert Kennedy Publishing's privacy policy.

LINKING TO OUR SITE

If you are interested in linking to the Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to webeditorial@oxygenmag.com