Please note that these Terms and Conditions may be revised and reissued without notice at anytime by updating this web page. You should visit this page regularly to review the Terms and Conditions as they may be updated or otherwise modified from time to time.
1. OWNERSHIP OF THE SITES
All pages within the Sites and any material made available for viewing, use or download through the Sites, are the property of Unique Physiques Miami. The Sites are protected by United States and international copyright and trademark laws. The contents of the Sites, including without limitation Unique Physiques Miami’s name, logos, designs, slogans, and any files, documents, text, photographs, images, audio, and video, and any other materials accessed through or made available for viewing, listening, use or download through the Sites (including advertisements and sponsored links, collectively, the “Content”) may not be copied, distributed, modified, reproduced, published, used or re-used, in whole or in part, except for the purposes specifically permitted herein or that have been authorized or approved in writing by Unique Physiques Miami prior to any such use. You may not frame or utilize framing techniques to enclose, or deep link to, any Content or other proprietary information (including images, text, page layout, and forms) without Unique Physiques Miami’s express prior written consent. All other names, logos, product and service names, designs and slogans and other materials on the Sites that are not trademarks or copyrighted material of Unique Physiques Miami are the trademarks or copyrighted material of their respective owners.
2. SITE SECURITY
3. ACCURACY AND INTEGRITY OF INFORMATION
Although Unique Physiques Miami attempts to ensure the integrity and accurateness of the Sites, Unique Physiques Miami makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Sites and Content thereon. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations (collectively the “Anomalies”) could be made to the Sites by third parties. In the event you believe that there is an Anomaly on the Sites, please contact us as soon as practicable, so that Unique Physiques Miami can take commercially reasonable measures to correct or remedy such Anomaly. Information contained on the Sites may be changed or updated without notice to you. Additionally, Unique Physiques Miami shall have no responsibility or liability for information or Content posted to the Sites from any party. All statements and/or opinions expressed in the Content, other than the Content provided by Unique Physiques Miami are solely the opinions and the responsibility of the person or entity providing such statements or opinions and do not necessarily reflect the opinions of Unique Physiques Miami.
4. EXPORT POLICY AND GEOGRAPHIC RESTRICTIONS
Unique Physiques Miami does not authorize the downloading or exportation of the Content or any software or technical data from the Sites to any jurisdiction that prohibits the downloading or exportation of such content, software or data, or to any jurisdiction prohibited by United States export control laws. You shall indemnify and hold harmless Unique Physiques Miami from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable law.
Unique Physiques Miami is based in the United States. We provide the Sites for use by persons in the United States. We make no claims that the Sites or any of the Content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside of the United States, you do so at your own risk and you are responsible for compliance with applicable local laws.
5. ACCESS TO SITE; INDEMNIFICATION
6. LINKS TO OTHER SITES
Links from the Sites to other websites and resources provided by third parties are provided for your convenience only. Unique Physiques Miami makes no representations whatsoever about any other website that you may access through the Sites. When you access a non-Unique Physiques Miami site, please understand that it is independent from Unique Physiques Miami, and that Unique Physiques Miami has no control over the Content on that external website. In addition, a link to a non-Unique Physiques Miami website does not mean that Unique Physiques Miami endorses or accepts any responsibility for the Content thereon, or for your use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You acknowledge that if you decide to access any of third party websites linked to the Sites, you do this entirely at your own risk.
7. SUBMISSIONS, REVIEWS, FEEDBACK AND OTHER POSTINGS TO THE SITE
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Sites (collectively, your “Submissions”), you agree not to provide any Submissions that: (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, deceptive, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (3) contain or transmit a virus or any other harmful component, (4) impersonate any person, or misrepresent your identity or affiliation with any person or entity, (5) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, and (6) give the impression tat they emanate from or are endorsed by Unique Physiques Miami or any other person or entity if this is not in fact the case. You agree not to contact other users of the Sites through unsolicited e-mails, telephone calls, mailings or any other method of communication. By making a Submission to the Sites, you hereby grant to Unique Physiques Miami a fully paid up, royalty-free, worldwide, irrevocable, transferable right and license to use the Submissions however Unique Physiques Miami desires, including without limitation, to copy, modify, delete in their entirety, adapt, publish, translate, create derivative works from, compile and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Unique Physiques Miami is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to acknowledge or respond to any Submissions.
Unique Physiques Miami does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Sites. In conjunction with Unique Physiques Miami’s monitoring rights hereunder, Unique Physiques Miami may, in its sole discretion:
(i) refuse to post any Submissions for any reason or no reason;
(iii) disclose your identity or other information that we may have about you to any third party that claims that your Submission violates their rights, including their intellectual property rights or their rights to privacy;
(iv) take all appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Sites, and
(v) terminate or suspend your access to all or part of the Sites.
Without limiting the foregoing, Unique Physiques Miami has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone making a Submission on or through the Sites. YOU WAIVE AND HOLD HARMLESS Unique Physiques Miami, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Unique Physiques Miami DURING OR AS A RESULT OF ITS INVESTINGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATONS BY Unique Physiques Miami OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we do not undertake to review all Submissions before posted to the Sites, and cannot guaranty immediate removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction with regard to Submissions.
You grant Unique Physiques Miami the right to use the names, including any screen names that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Unique Physiques Miami takes no responsibility and assumes no liability for any Submissions submitted by you or any third party.
You agree to defend, indemnify and hold Unique Physiques Miami harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Unique Physiques Miami arising out of any Submissions you post, or cause or allow to be posted to the Sites.
You represent and warrant that:
(i) you own or control all rights in and to the Submissions and have the right to grant the license granted above to Unique Physiques Miami and to our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
8. PROHIBITED USES
(i) in any way that violates apply applicable federal, state, local or international law or regulation;
(ii) for the purpose of exploiting, harming or attempting to harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(iv) to transmit or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation,
(v) to impersonate or attempt to impersonate Unique Physiques Miami, a Unique Physiques Miami employee, another user or any other person or entity, including, without limitation by using email addresses or screen-names associated with the foregoing,
(vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Unique Physiques Miami, may harm Unique Physiques Miami or users of the Sites or expose them to liability;
(vii) in any manner that could disable, overburden, damage or impair the Sites;
(viii) by means of any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring, scraping or copying any Content;
(viv) by means of any manual process to monitor or copy any of the Content;
(x) by means of any device, software or routine that interferes with the proper working of the Sites;
(xi) to introduce any virus, Trojan horse, worm, logic bombs or other materials that are malicious in nature or technologically harmful
(xii) in such a manner as to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites;
(xiii) in the manner of an attack such as a denial of service attack or a distributed denial of service attack, or otherwise so as to attempt to interfere with the proper working of the Sites.
9. LINKING TO THE SITES AND SOCIAL MEDIA FEATURES
You may link to the Sites, provided you do so in a way that is fair, compliant with applicable law, and does not damage Unique Physiques Miami’s reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
The Sites may provide certain social media features that enable you to (1) link from your own or third-party websites to certain Content on the Sites, (2) send emails or other communications with certain content, or links to certain Content on the Sites, or (3) cause limited portions of Content on the Sites to be displayed or to appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features (if any) and any links at any time without notice to you in our sole discretion.
10. CLAIMS OF COPYRIGHT INFRINGEMENT
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Unique Physiques Miami respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Unique Physiques Miami’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available Through the Unique Physiques Miami Sites
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice (“Notice”) complying with the following requirements:
(i) you must identify the copyrighted works that you claim have been infringe;
(ii) you must identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the specific Site(s) where such material may be found; and
(iii) you must provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Unique Physiques Miami
A person or entity that has allegedly infringed may make a counter notice pursuant to the DMCA. When Unique Physiques Miami receives a counter notice, it may reinstate the material in question, in our reasonable discretion. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
You must follow these procedures to assure your counter notice properly handled and accepted:
(i) you must identify the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;
(ii) your counter notice must contain this statement: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”;
(iii) you must provide your name, address, telephone number and, if available, email address;
(iv) your counter notice must also contain this statement: “I hereby consent to the jurisdiction in the state or federal courts located in the State of Florida, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”; and
(v) you must provide your full legal name and your electronic or physical signature.
ALL NOTICES AND COUNTER NOTICE HEREUNDER SHOULD BE DELIVERED TO THE FOLLOWING DESIGNATED COPYRIGHT AGENT OF Unique Physiques Miami:
Unique Physiques Miami
11. DISCLAIMER OF WARRANTIES
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. THESE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITES, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD, IF ANY, WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY Unique Physiques Miami, IF ANY, ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS THAT MAY BE PROVIDED WITH OR IN CONNECTION WITH SUCH PRODUCTS OR SERVICES.
12. LIMITATION OF LIABILITY REGARDING USE OF SITE
COMPANY AND ANY THIRD PARTIES MENTIONED ON THE SITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
13. REVISIONS; GENERAL
14. YOUR COMMENTS AND CONCERNS.
All feedback, comments, requests for technical support and other communications relating to the Sites should be directed to:
Unique Physiques Miami