Terms of Use
& License Agreement

By installing or using the Bodybuilding.com application or “app” software and services including any accompanying documentation, read-me files or other files, as amended from time to time (collectively, the "Application"), you individually or the entity on whose behalf you are acting ("You" or "Your") agree that Your use of this Application is subject to these Terms of Use and License Agreement (the "Agreement"). READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO INSTALLING OR USING THE APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD OR OTHERWISE USE THE APPLICATION OR YOU MUST DELETE THE APPLICATION FROM YOUR PHONE, PDA, COMPUTER OR OTHER HARDWARE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE APPLICATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

1. The Application

The Application is owned by and is being licensed to You by Bodybuilding.com, LLC and its affiliates (the "Company"). The Company may elect, in its sole discretion, to change, edit, or discontinue the Application at any time, without notice.

2. Ownership

By entering into this Agreement with Company, You agree that this is a license and not a sale of the Application. You agree that the Application, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and materials owned by Company or other third parties and protected by applicable intellectual property and other laws, including but not limited to trade secrets, copyright and patents, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Application in compliance with the terms of this Agreement. Your rights to use the Application are limited to the terms specified in this Agreement, and nothing herein shall reduce or modify the Company's ownership of the Application. The Company retains and reserves all rights not expressly granted to You herein.

3. License

Subject to Your acceptance and ongoing compliance with the terms of this Agreement, the Company grants You a personal, non-exclusive, non-transferable, and limited license to install and use the Application on a single authorized computing device that You own or control in the United States and its territories or any other country to which this Application is offered by the Company for use, provided that all uses must be for personal and entertainment purposes only. Nothing in this Agreement grants You any rights to any source code, related documentation, support, upgrades, maintenance or other enhancements to the Application, and neither Company nor Google have any obligation to furnish any such services regarding this Application.

4. Restrictions

You may not make copies of the Application, modify or create derivative works of the Application, decompile or reverse engineer the Application or otherwise attempt to create the source code from the Application, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Application. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to Your use of the Application. No portion of the Application may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, sublicense or distribute Application, in any manner, and You shall not exploit the Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You shall not use or otherwise export or re-export the Application, except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.

5. Changes

The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the Application or this Agreement, and to impose new or additional rules, policies, terms, or conditions on Your use of the Application. Unless expressly stated to the contrary, such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Application following the Company's adoption and posting of any Additional Terms will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. The most recent terms this Agreement for the Application are always available for viewing at http://www.bodybuilding.com/fun/disclaim.htm and such posted terms will show the last date such terms were updated.

6. Access

You must provide, at Your own expense, the hardware, computer, equipment, internet access, or wireless connection to access and use this Application.

7. Content

The Application may offer features that allow You to, among other things, submit, store, manipulate and distribute content selected or produced by You ("Individual Content"). You represent, warrant, and agree that such Individual Content and any use by You of features that allow for the transmission, posting or sharing of Individual Content shall be Your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, offensive, defamatory, objectionable, or in poor taste, and that You have obtained all necessary rights, licenses, permissions, or clearances necessary to engage in such activities. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIVIDUAL CONTENT, INFRINGING CONTENT, OR ANY OBSCENE, OFFENSIVE, DEFAMATORY, SLANDEROUS, OBJECTIONABLE, UNLAWFUL, OR ILLEGAL CONDUCT ARISING OUT OR RELATED TO YOUR USE OF THE APPLICATION, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USE OF THE APPLICATION AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION. ANY SUBMISSION YOU MAKE ON THE APPLICATION MAY BE REMOVED BY THE COMPANY WITHOUT YOUR PRIOR CONSENT.

8. BodyBuilding.com Application

The Application may facilitate Your ability to use Your Android® Application or to use BodySpace, an interactive community, which is located at www.BodySpace.com and the Company’s forums, which are located at www.bodybuilding.com. Future versions may facilitate Your ability to use Your Android® application in other areas on the Company’s website, www.bodybuilding.com. By using the Company’s website, including, without limitation BodySpace and the forums, You have already agreed to comply with the Company’s terms and conditions, which are located at http://www.bodybuilding.com/fun/disclaim.htm#terms .

9. Privacy

The Company's collection, use, sharing and transfer of any data generated, or any Individual Content You may provide, in connection with Your use of the Application is subject to the Company's Privacy Policy available at http://www.bodybuilding.com/fun/disclaim.htm#privacy. You agree the Company may collect and use technical data and related information, including but not limited to technical information about your use of the Application that is gathered periodically to facilitate the provision of the Application and other services to You from the Company. You also agree that the Company may send you promotional material, advertisements, specially offers, and coupons.

10. Copyright Infringement

We have the right to terminate, in appropriate circumstances as determined by Company in its sole discretion, the Application of users who infringe copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Bodybuilding.com, LLC’s designated agent: BodyBuilding.com, LLC, Attention: Erica W. Stump, Esq., 2026 S. Silverstone Way, Meridian, ID 83642.

To be effective, the notification must be a written communication that includes the following: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing 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 us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company may give You notice that we have removed or disabled access to certain material by means of a general notice on www.bodybuilding.com site, electronic mail to Your e-mail address in our records, or by written communication sent by first-class mail to Your physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (aa) Your physical or electronic signature; (bb) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (cc) a statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (dd) Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which You may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

It is our policy to terminate relationships with parties who infringe the copyrights of others.

11. Third Party Services

The Application may facilitate Your use of third party services not provided by the Company such as Twitter™ (“Third Party Services”). The Company makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspect of such Third Party Services. Your use of Third Party Services is at Your own risk and You are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services, including Twitter's Terms of Service and Privacy Policy, as provided on www.twitter.com. You acknowledge that in order to post content into a “tweet stream” section of the Application, You must have a Twitter account and input this log-in information into the Application. If you do submit postings into the tweet stream, this Individual Content (along with Your Twitter user name) will be displayed to other users of the Application viewing the same tweet stream as well as on Your Twitter page.

12. Trademarks

All Company logos and trademarks used in connection with the Application (including, without limitation BODYBUILDING.COM and BODYSPACE are trademarks or registered trademarks of Company in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Application, including Google® and Android® are the trademarks of their respective owners and are protected by US and international trademark laws and conventions. "Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions, located at http://www.google.com/permissions/index.html." You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. You may not use Company's name or other trademarks or refer to Company or Company's products directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Company for each such use.

13. Termination

This license is effective until terminated. You may terminate this license at any time by permanently deleting the Application from Your computing device. This license automatically terminates if You fail to comply with its terms and conditions. On the termination of the license, regardless of the reason for termination, You agree that, upon such termination, You will cease use of the Application and delete and permanently erase all copies, in whole or in part, of the Application.

14. Disclaimer of Warranties; Liability Limitations

14.1. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE OR SUSPEND THE APPLICATION AT ANY TIME. THE COMPANY DOES NOT ENSURE THAT ANY CONTENT YOU ACCESS OR DOWNLOAD WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER YOU ACKNOWLEDGE THAT THE CONTINUED PROVISION OF THE APPLICATION RELIES UPON THE GENERAL OPERATION OF THE INTERNET, THE WORLD WIDE WEB, YOUR SERVICE PROVIDER, AND OTHER FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB THAT ARE BEYOND COMPANY'S CONTROL.

14.2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME ALL RESPONSIBILITY AND RISKS FOR YOUR USE OF THE APPLICATION. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION OF THE APPLICATION IS TO STOP USING THE SERVICE.

14.3. IN NO CASE SHALL THE COMPANY, ITS PARENT COMPANY AND ALL OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES AND ANY PERSONAL INJURY CLAIMS OR LOSSES REGARDLESS OF THE THEORY OF LIABILITY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM YOUR USE OF ANY OF THE APPLICATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR FEATURE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY'S TOTAL AND CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR ARISING IN ANY WAY FROM YOUR USE OF THE APPLICATION EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE REMEDY STATED HEREIN FAILS ITS ESSENTIAL PURPOSE.

14.4. COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE APPLICATION WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.

15. Waiver and Indemnity

BY USING THE APPLICATION, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY, PARENT COMPANY AND ALL OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, MEMBERS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE APPLICATION, YOUR INDIVIDUAL CONTENT OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION BY YOU OF THIS AGREEMENT.

16. Governing Law and Choice of Venue.

This Agreement and all questions arising in connection with it shall be governed by the laws of the State of Idaho, without giving effect to any choice of law or conflict of law rules or provisions. You irrevocably agree that any legal action, suit, cause of action, or proceeding against or on behalf of You arising out of, or in connection with, this Agreement or transactions contemplated hereby or disputes relating hereto shall be brought exclusively in the state or federal courts located in Ada County, Idaho and You hereby irrevocably accepts, and submits to, the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding and waives any and all objections to the exercise of such jurisdiction in the aforesaid courts, including any objections based upon forum non conveniens.

17. Time Within Which Claims Must Be Brought

YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION AND THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

18. Open Source Software

The Application contains the following third-party Open Source Software:
AChartEngine - http://www.achartengine.org/;

19. Miscellaneous

If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete, final and exclusive statement of the agreement between the parties with respect to the Application and supersedes any proposal or prior contemporaneous agreement or communications between the parties (whether oral or written) relating to the subject matter hereof. In the event a conflict exists between this Agreement and the Privacy Policy set forth in paragraph nine, this Agreement shall prevail. No failure or delay (in whole or in part) on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof or affect any other right or remedy. Waiver of a breach shall not waive the right to enforce any subsequent breach under this Agreement. If You have any questions regarding this Agreement, You may contact us webmaster@bodybuilding.com .

20. Electronic Signatures and Contracts; Sufficient Legal Age

Your use of the Application includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT THAT YOU ARE OF A SUFFICIENT LEGAL AGE NECESSARY TO LEGALLY ENTER INTO AND BE BOUND BY LEGAL AGREEMENTS FORMED THROUGH THE APPLICATION. IF YOU ARE UNDER THE AGE OF 18, USE OF THE APPLICATION SHOULD ONLY OCCUR WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

Last modified on January 21, 2011.