ExtremeFitness's Online Privacy Policy
We are committed to
protecting the privacy and security of the users of our sites.
This privacy policy will advise you about how we protect your personal
information, and about what choices you have concerning our use
of such information. Please read this policy carefully. We may need
to change this policy from time to time in order to address new
issues and reflect changes on our sites. We will post those changes
here so that you will always know what information we gather, how
we might use that information, and whether we will disclose that
information to anyone. Please refer back to this policy regularly.
If you have any questions or concerns about our privacy policy,
please send us an e-mail to: webmaster@extremefitness.com.
Scope Of Privacy Policy
This policy applies
to your use of all of the sites and services owned or operated by
ExtremeFitness, Inc., and affiliated companies (collectively
"ExtremeFitness" or "we," "us," or "our"), including extremebikini.com,
fitnessphotos.com and any other site that we may own or operate
currently or in the future (collectively, the "ExtremeFitness
Sites"). Unless we say otherwise, all references to the ExtremeFitness
Sites in this policy include all such sites. This
policy does not apply to your use of unaffiliated sites to which
any of the ExtremeFitness Sites only links.
Personal Identification Information
We will never intentionally
disclose any personal identification information about you as an
individual user (such as, for example, your full name, street address,
telephone number, credit card number or e-mail address) to any third
party without having received your permission. We may request personal
identification information from you in connection with your use
of, or participation in, our contests, sweepstakes, games, surveys,
forums, subscription registrations, content submissions, chats,
bulletin boards, discussion groups, requests for suggestions, visitors'
requests for free products or services or additional information,
and in connection with other activities, services or resources we
make available on any of our sites. In all of these cases, we will
collect personal identification information from you only if you
voluntarily submit such information to us.
If you do provide us with personal information, we may use it to
conduct the activities described above. If you identify yourself
to us by sending us an e-mail with questions or comments, we may
use your personal information to respond to your questions or comments.
We may file your comments for future reference, or we may discard
the information after we have reviewed it.
We may also contact you to confirm your registration and about your
account status and regarding changes to the
ExtremeFitness Sites' Terms and Conditions and this Privacy
Policy.
If you give us your permission, we may also use personal identification
information for internal or external marketing and promotional purposes.
On occasion, for example, we may send you e-mails to introduce a
product or service that we think might be of interest to the users
of our sites. For us to obtain your permission to send you this
information, we will give you an opportunity to "opt-in" at the
time our request for your personal information is made. If you do
"opt-in," you may choose to "opt-out" at any time, even after you
have provided personal information, by following the procedures
set forth below at the end of this Privacy Policy. Please note,
however, that under certain circumstances, if you initially do not
choose to "opt-in," or if you later "opt-out," you may not be eligible
for certain benefits for which a name, e-mail address, telephone
number or other personal identification information is needed.
We have the following exceptions to these policies: We will release
specific information about you or your account to comply with any
valid legal process such as a search warrant, subpoena, statute
or court order. We will also release specific information in special
cases, such as if there is an attempted breach of the security of
the ExtremeFitness Sites, or a physical threat to you
or others.
Please note that if you give out personal information online --
for example, through a message board or chat room -- that information
can be collected and used by third parties. Although we strive to
protect our users' privacy, we cannot guarantee the security of
information you post in these forums. You disclose such information
at your own risk.
Privacy of Children
ExtremeFitness
understands that young people need special safeguards and privacy
protection. We realize that they may not understand all the provisions
of our policy or be able to make thoughtful decisions about the
choices that are made available to our adult users. We urge all
parents to participate in their children's exploration of the Internet
and any online services, and to teach their children about protecting
their personal information while online.
ExtremeFitness does not allow registrations of users under the age of 13.
Non-Personal
Identification Information And The Use Of Cookie Technology
We collect non-personal
identification information through the use of "cookie" technology
and/or IP address tracking. Non-personal identification information
might include the browser you use, the type of computer, the operating
systems, the Internet service providers and other similar information.
Our system also automatically gathers information about the areas
you visit on our sites and about the links you may select from within
our site to other areas of the World Wide Web or elsewhere online.
We use such information in the aggregate to understand how our users
as a group use the services and resources provided on our sites.
This way we know which areas of our sites are favorites of our users,
which areas need improvement, and what technologies are being used
so that we may continually improve our sites.
We may share this aggregate statistical information with our partners,
suppliers and other third parties, but we will not share any individual
names, personal navigational or other personal information. Some
of our advertisers may display ads on our sites which solicit or
contain technology to collect information about our users for the
advertisers, but we will not permit such advertisers to collect
any personal information from our users within our sites.
Most browsers are set to accept cookies. You can set your browser
to refuse cookies, or to alert you when cookies are being sent.
If you do so, please note that some parts of the ExtremeFitness
Sites, such as message boards, chats, shopping, contests and game
areas, may not function properly.
Links To Other Sites
Users will find advertising
or other contents on our sites that link to the sites and services
of our partners, suppliers, advertisers, sponsors, licensors and
other third parties. In many cases, the links represent cooperative
projects or are mutual links established with persons or entities
connected with our sites. Although we initially visit the sites
or services that are so linked, we do not control the contents or
links that appear on these sites. In addition, these sites or services,
including their contents and links, may be constantly changing.
These sites and services may have their own privacy policiesn and
customer service policies, or no policy (policies) at all. We encourage
you to review the privacy policies of any third party sites or services
before providing any of them with your personal information.
Security Policy
Protecting your privacy
and your information is a top priority. We have taken careful measures
to secure both your information and our physical premises.
Choice/Opt-Out
If you "opt-in" to receive
information from ExtremeFitness or others, you can change
your mind later. If at any time you would like to stop receiving
such information, you can just modify your profile and select to
not receive email notices from us.
Your Acceptance of These Terms
By using any of the
ExtremeFitness Sites, you signify your acceptance of our
Privacy Policy. If you do not agree to this policy, please do not
use our sites. Your continued use of the ExtremeFitness
Sites following the posting of changes to these terms will mean
that you accept those changes.
(Last modified on Apr 19th, 2005.)
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DMCA Policy
Digital Millennium Copyright Act Policy
ExtremeFitness.Com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). ExtremeFitness.Com respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to ExtremeFitness.Com Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify ExtremeFitness.Com of particular facts in a document signed under penalty of perjury. We refer to this as a “Proper DMCA Notice.” To Write a Proper DMCA notice, please provide the following information:
- Identify yourself as either:
- The owner of a copyrighted work(s), or
- A person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- State your contact information, including your TRUE NAME, street address, telephone number, and email address.
- Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.
- Identify the material that you claim is infringing your copyrighted work, to which you are requesting that ExtremeFitness.Com disable access over the World Wide Web.
- Identify the location of the material on the World Wide Web by providing “information reasonably sufficient to permit ExtremeFitness.Com to locate the material.”
- State 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 agents, or the law.”
- State that the information in the notice is accurate, under penalty of perjury.
Sign the notice with either a physical or electronic signature.
Sending The Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by ExtremeFitness.Com (the “Designated Agent”.) The contact information for ExtremeFitness.Com's Designated Agent is:
Address: 14001-C Saint Germain Drive, PMB 165 Centreville, VA 20121-2338
Email: webmaster@extremefitness.com
What We Do When We Receive A Proper DMCA Notice
ExtremeFitness.Com will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of the ExtremeFitness.Com system will comply with applicable copyright laws. However, if ExtremeFitness.Com is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. ExtremeFitness.Com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Notice to Users of ExtremeFitness.Com Systems
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. ExtremeFitness.Com also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.
Your System Use privileges can also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
If access to your website is disabled due to operation of the ExtremeFitness.Com notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.
Writing a Counter-notification
To Write a Proper Counter-notification, please provide the following information:
- State that access to your website was disabled due to operation of the notice and takedown procedure.
- Identify the material that has been removed and designate its URL prior to removal.
- State, under penalty of perjury:
- Your name, address, and telephone number,
- That you “have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material,"
- That you “consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located."
Sending the Counter-notification
To exercise your DMCA rights, you must send your Counter-notification to the “Designated Agent” for ExtremeFitness.Com, whose contact information is:
Address: 14001-C Saint Germain Drive, PMB 165 Centreville, VA 20121-2338
Email: webmaster@extremefitness.com
Repeat Infringers
ExtremeFitness.Com may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is ExtremeFitness.Com's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
ExtremeFitness.Com has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to ExtremeFitness.Com voids any claim of right made by the submitting party. |
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