Privacy & Legal

Privacy In Plain English

We keep things private that should be private and blog the hell out of the rest of it...

We will not share your email address unless we tell you in advance, and get your explicit permission. (You might want to compete, for example, to win a free year of gym membership offered by one of our sponsors, and this would require sharing your email with the sponsor.)

We welcome users to register with their real names -- as our editors do -- but if you want to post items anonymously, including reviews and comments, you can also do so by choosing a fictitious username. If you have any concerns, please email us at publisher@socialworkout.com.

Terms of Use In Legalese

This statement covers SocialWorkout.com and any other sites owned or operated by Social Workout Media (”SW Media Sites”) and any associated content including email and RSS feeds. Please read this statement carefully before proceeding to access any of the SW Media Sites. Your use of the SW Media Sites indicates your agreement to abide by the Terms in effect.

Use of Content

Social Workout Media provides a full content RSS feed at http://socialworkout.com/rss.xml

Social Workout Media provides a general license to use this feed, provided that it is not modified in any way (including the stripping of ads) with the exception of image stripping as detailed below:

All commercial uses of feeds (e.g. websites generating revenue through advertisements including AdSense) must strip all images from the feed to ensure copyright compliance with our third party photographic agency licenses.

Web Syndication Terms of Use

1. The Site logo and URL must appear prominently at the top of each page displaying site content.
2. Internal links in the Site content must not be removed.
3. The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.
4. “Related” links back to original Site at the end of each post must be included on content pages and may not be removed.

Print Syndication Terms of Use

1. The Site logo and URL must appear prominently at the top of each section displaying site content.
2. Content will appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
3. Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.

General Terms of Use

1. The RSS feeds may not be spliced into or otherwise redistributed by third-party RSS providers.
2. No content, including any advertisements or other promotional content, shall be added to the RSS feeds.
3. Images must be removed from open syndication feeds and commercial feeds (please contact Social Workout Media for more details)
4. Social Workout Media reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.
5. Social Workout Media further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.
6. Social Workout Media provides this content “as is” and Social Workout Media shall not be held liable for your use of the information or the feeds.
7. Use of a Site’s content, including text and images, on your site, or in print, is entirely at your discretion. Social Workout Media is not responsible for any complaints regarding content or images that you choose to display on your site or in print.

TO THE FULLEST EXTENT ALLOWED SOCIAL WORKOUT MEDIA DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.

Corresponding with Social Workout Media

Any correspondence with the SW Media Sites or with Social Workout Media, including any documentation or images, are considered property of Social Workout Media. Social Workout Media reserves the right to reproduce such correspondence, in whole or in part, on any of the SW Media Sites or its affiliates.

User Generated Content Terms of Use (Blog entries, reviews and comments.)

The posting of blog entries, reviews, and comments is accessible to all registered users all SW Media sites.

In order to make our user generated content useful and interesting, the following guidelines have been established for all user-generated blog entries, reviews, and comments:

* Do not post threatening, harassing, defamatory, or libelous 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.
* Keep all blog entries, reviews, or commentss relevant to the particular SW Media Site where the items are being posted.
* Social Workout Media will not accept responsibility for information posted in blog entries, reviews, or comments.

If Social Workout Media receives notice that a blog entry, review, or comment is not in keeping with these terms and conditions or the intended use of  user-generated content, we reserve the right to remove that posting. The removal of any post shall be solely at the discretion of Social Workout Media.

Please note that once you post an item to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user’s blog entries, reviews, or comments unless they are in violation of our Terms of Service, and we won’t remove them otherwise except in very extreme circumstances. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. We cannot simply remove your blog entries, reviews, or comments because you have a change of heart about making them.

Image Terms of Use

Social Workout Media sites typically display images as part of blog posts written by our editors. The types of images editors are authorized to use on Social Workout Media sites include:

* Images licensed from photographic archive vendors
* Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
* Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)
* Images published on public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
* Images commissioned by Social Workout Media
* Images that we believe to be covered by the Fair Use Doctrine, such as:
* Thumbnail images of 150×150 pixels or less, cropped or reduced in size from the original source
* Images used to illustrate a newsworthy story, where the image itself is the story
* Images used in a transformative manner, such as for parody
* Images so widely distributed that they are deemed to have become part of the news

If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/

To file a notice of infringement with us, you must provide a written communication (by email to publisher@socialworkout.com with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (917) 214-2073 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!

To enable us to address your concerns, please provide the following information:

1. For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
3. Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
* Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,

OR, absent such registration,
* a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
* Evidence to support your claim that you own the copyright in the image.

We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
5. Sign the document and e-mail it to: publisher@socialworkout.com / DMCA Complaints.

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

Indeed, in a recent case (http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects (http://www.chillingeffects.org/) for publication.

We also reserve the right to publish your letter on the site(s).

External Links Disclaimer

SW Media Sites routinely contain links to external, third party websites. By providing links to other sites, Social Workout Media 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 SW Media site in question.

Social Workout Media does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links 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 SW Media Sites 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.

Notification of Changes

Whenever Social Workout Media 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.

Contact Information

If you have any questions or notices of violations to these terms and conditions, please contact us.

Effective: March 1st, 2009 © 2009 Social Workout Media, LLC