Terms of Use

Velcro Magnet LLC Terms of Use

This statement covers all of the Velcro Magnet LLC websites and any associated content including email and RSS. Please read this statement carefully before using proceeding to access any of the Velcro Magnet LLC websites. Your use of the Velcro Magnet LLC websites indicates your agreement to abide by the Terms in effect.

Trademarks and Copyrights

Velcro Magnet LLC websites and all materials incorporated by Velcro Magnet LLC on Velcro Magnet LLC websites (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Velcro Magnet LLC on Velcro Magnet LLC websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or others (“Trademarks”). Velcro Magnet LLC respects the intellectual property rights of others and asks users of Velcro Magnet LLC websites to do the same.

 

Your Use of Material

Your right to make use of Velcro Magnet LLC websites and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on Velcro Magnet LLC websites for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and /or Trademarks and is prohibited.

You may access and display Material and all other content displayed on Velcro Magnet LLC websites for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on Velcro Magnet LLC websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Velcro Magnet LLC. Any authorization to copy Material granted by Velcro Magnet LLC in any part of Velcro Magnet LLC websites for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Velcro Magnet LLC websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Your User Submissions and Conduct

A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to Velcro Magnet, LLC via photo upload function on How2GetFat.com or via email to info@how2getfat.com. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Velcro Magnet, LLC does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Velcro Magnet, LLC to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service. You must be 18 years old to submit to any categories. By agreeing to the Terms, you agree you are of legal age.

C. You acknowledge and agree that, to the maximum extent permitted by lax, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. You agree to defend, indemnify, and hold Velcro Magnet, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising our of or in any way connected with (i) your access to or use the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.

D. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Velcro Magnet, LLC, you hereby grant Velcro Magnet, LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.

E. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Velcro Magnet, LLC all of the license rights granted herein.

F. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.

G. Velcro Magnet, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Velcro Magnet, LLC expressly disclaims any and all liability in connection with User Submissions. Velcro Magnet, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Velcro Magnet, LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Velcro Magnet, LLC reserves the right to remove Content and User Submissions without prior notice.

H. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

External Link Disclaimer

Velcro Magnet LLC websites contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories.

By providing links to other sites, Velcro Magnet LLC does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Velcro Magnet LLC website in question.

Velcro Magnet LLC does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to Velcro Magnet LLC websites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Comments and Discussion Groups Terms of Use

In order to make our Comments interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:

* If a comment is made using your identity it will be deemed to have been posted by you.

* Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.

* Do not intentionally make, false or misleading statements.

* Do not offer to sell or buy any product or service.

* Do not post material that infringes copyright.

* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.

* Do not question why a previous comment was removed.

* Keep all comments relevant and ‘on topic’ to the particular Velcro Magnet LLC website posting open for comments.

* Velcro Magnet LLC will not accept responsibility for information posted in the Comments.

If Velcro Magnet LLC receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, Velcro Magnet LLC may remove that posting and/or any other related postings.

Notification of Changes

Whenever Velcro Magnet LLC changes its Terms of Use, it will post those changes to this Statement, and other places we deem appropriate to make users aware of such changes.

Submission Terms of Use

Velcro Magnet LLC has the right to edit and/or alter any submission. Velcro Magnet LLC reserves the right not to use the submission at all and/or to use as much or as little of the submission as it chooses.

By submitting your videos/photos, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Velcro Magnet LLC a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit the materials you submit, or any portion thereof, as incorporated in any of Velcro Magnet LLC’s programming or the promotion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without making payment to you or any third party. You represent and warrant to Velcro Magnet LLC that you have the full legal right, power and authority to grant to Velcro Magnet LLC the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless Velcro Magnet LLC, its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to Velcro Magnet LLC’s exercise of the rights granted herein. This license shall be governed by the laws of the State of California.

 

Disclaimer of Warranties

YOUR USE OF VELCRO MAGNET LLC WEBSITES IS AT YOUR OWN RISK. VELCRO MAGNET LLC AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN VELCRO MAGNET LLC ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VELCRO MAGNET LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VELCRO MAGNET LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN VELCRO MAGNET LLC WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VELCRO MAGNET LLC’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VELCRO MAGNET LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN VELCRO MAGNET LLC OR ANY SITES LINKED TO VELCRO MAGNET LLC IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. VELCRO MAGNET LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN VELCRO MAGNET LLC WILL NOT INFINGE THE RIGHTS OF OTHERS AND VELCRO MAGNET LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF VELCRO MAGNET LLC. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitation of Liability

VELCRO MAGNET LLC DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, VELCRO MAGNET LLC OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON VELCRO MAGNET LLC, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF VELCRO MAGNET LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT VELCRO MAGNET LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON VELCRO MAGNET LLC WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF VELCRO MAGNET LLC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. VELCRO MAGNET LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF VELCRO MAGNET LLC. VELCRO MAGNET LLC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Our Use of Content

Velcro Magnet LLC will consider anything you provide to Velcro Magnet LLC and/or contribute to Velcro Magnet LLC websites as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on Velcro Magnet LLC websites, in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to Velcro Magnet LLC websites and/or providing any communication or material to Velcro Magnet LLC (“User Content”), you automatically and irrevocably: (a) grant and assign to Velcro Magnet LLC any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Velcro Magnet LLC and/or by any person authorized by Velcro Magnet LLC, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Velcro Magnet LLC as your agent with full power to enter into any document and/or do any act Velcro Magnet LLC may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Velcro Magnet LLC shall not be liable for any use or disclosure of such User Content.

Claims of Infringement

Please see this page if you believe any content appearing on an Velcro Magnet LLC website infringes on your copyrights.