BRUTAL MUSCLE ONLINE SUBSCRIPTION TERMS
These subscription terms (terms) govern your access to and use of www.brutalmuscleonline.com (Site) and create a legally binding agreement between Brutal Muscle Online Limited (company no: 11627430) with registered office at 4 Capricorn Centre, Crane Farm Road, Basildon, Essex, United Kingdom, SS14 3JJ (Brutal Muscle, we, us, our) and you (you). If you do not agree to these terms, you should not subscribe.
Brutal Muscle provides a subscription service that allows our subscribers to our Site for access to exclusive bodybuilding content and online discussion forums for the exchange of opinions, comment, information and interaction with our bodybuilding athletes (Athletes) in our online forums (Forums) (our Services).
- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply our Services and our Site to you.
- Why you should read them. Please read these terms carefully before you subscribe as a user to the Site. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- HOW TO CONTACT US
- How to contact us. If you want to contact us for any reason, if you have any questions or complaints about our Services, or if you become aware of any content on the Site which breaches clause 2 or 6.3, please contact us. You can write to us at email@example.com.
- How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when you subscribed.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- How we will accept your subscription. You will offer to subscribe to our Services via the online subscription form. Our acceptance of your subscription will take place when we email you to accept it and at that point a contract will come into existence between you and us.
- If we cannot accept your subscription. If we are unable to accept your subscription, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of our Services, because there is a problem with the Payment Method, because you have previously had your subscription suspended or removed as a result of violation of these terms or because of technical issues.
- SUBSCRIPTION AND YOUR ACCOUNT
- Monthly subscription. Your subscription will continue month-on-month until terminated by you or by us. The day of the month on which you first subscribe will be your Monthly Billing Date. Unless you cancel your subscription before your Monthly Billing Date, you authorise us to charge your next month’s Membership Fee (described in clause 1) to the PayPal Subscriptions service described in clause 5.2 below.
- Your access and account. When you subscribe, you will create a user account (Account). You are responsible for all activities on your Account. Your subscription and your Account are personal to you, non-transferable and entitle you to full access to our Site and our Services. You warrant that all information you provide to us when registering an Account is true and accurate and you are responsible for keeping your Account information up to date with any relevant changes.
- Your credentials. You are responsible for protecting your Account details and keeping your password secure and confidential. You must ensure you notify us immediately of any unauthorised use of your password, Account or any other breach of security.
- PRICE AND PAYMENT
- Cost of the subscription. To subscribe to our Services, you will be required to pay the Membership Fee of £6.99 per month (including VAT) each month by the Monthly Billing Date.
- When you must pay and how you must pay. We accept payment via the Paypal Subscriptions service which you can set up when you create your Account. You must make an advance payment of the Membership Fee for our Services, before we start providing them.
- Changes to the cost. We reserve our right to change the Membership Fee or subscription plan at any time, however, any such changes will be notified to you and will apply no earlier than 30 days following notice to you. You may therefore cancel your subscription before your next Monthly Billing Date if you do not wish to continue.
- YOUR RESPONSIBILITIES AND USE OF OUR SERVICES
- Age restriction. You must be 18 years old or over to subscribe to our Services or use our Site and you confirm this by using our Services.
- Accessing our Site. You agree that you will not attempt to gain access to Brutal Muscle’s servers by any means, including without limitation using administrator passwords or masquerading as an administrator. You also agree not to disrupt, modify or interfere with the Site or its associated software, hardware, servers, information or materials on, or associated with the Site.
- Using the Forums. When you use a Forum, you may upload and/or contribute (post) content (which may include text, comments, information or other types of content) (User Content). You warrant that:
- you have the right to post any such User Content to our Services; and
- that such User Content does not violate any applicable law or the intellectual property rights (including copyright) of any third party.
- Your posts. You warrant and undertake that you will not post any User Content which:
- is offensive, abusive, defamatory, pornographic (or containing adult material), threatening, harassing, bullying, inflammatory, insulting or obscene;
- is illegal or intended to promote or commit an illegal act of any kind;
- includes your password or purposely includes any other user’s password or personal data of any third parties or with the intention of soliciting any such data;
- includes malicious content such as malware, Trojan horses, viruses or otherwise interferes with any user’s access to our Services;
- impersonates a third party or is fraudulent, false, deceptive or misleading;
- relates to an ongoing or pending trial;
- you have copied from someone else, or which is someone’s copyright;
- is advertising or soliciting or involves a commercial or sales activity which is not expressly authorised by us;
- promotes or attempts to sell steroids or other illegal substances; or
- may be upsetting to other users or our Athletes.
- Our rights in relation to your posts. We cannot, and we have no obligation to, review all posts or User Content before they appear on our Site. However, we reserve the right to amend or remove posts of which we are made aware or which are in breach of these terms or any applicable laws. This shall be at our sole discretion.
- Your responsibility for your User Content and your use of our Services. We do not accept any responsibility for your User Content posted on our Site or our Services. You are responsible for your User Content and your use of our Site and our Services in compliance with these terms. YOU AGREE TO COMPENSATE BRUTAL MUSCLE AND ITS OFFICERS, EMPLOYEES AND REPRESENTATIVES AND TO HOLD THEM HARMLESS AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) THAT MAY ARISE FROM: (1) ANY THIRD PARTY CLAIM BROUGHT AGAINST BRUTAL MUSCLE RELATING TO USER CONTENT THAT YOU POST; (2) YOUR BREACH OF THESE TERMS OR ANY APPLICABLE LAW; (3) YOUR USE OR MISUSE OF THE SITE; (4) YOUR UNAUTHORISED USE OF MATERIAL OBTAINED THROUGH THE SITE; OR (5) ANY OTHER VIOLATION OF THE RIGHTS OF ANOTHER PERSON OR PARTY.
- Rights you grant us in relation to your User Content. Your posts in a Forum are not private. In consideration of the rights we grant to you, you grant Brutal Muscle a perpetual, royalty free, non-exclusive, worldwide licence to use, reproduce, make available to the public, publish, modify, translate, transmit, distribute, create derivative works from and sub-licence any User Content you post to our Site or our Services (including any concepts or ideas contained in the User Content), in any medium now in existence or developed later, for any purpose, including for commercial use to any third party. We will not return any User Content and we accept no liability whatsoever for the safe custody of it. You will, however, retain ownership of all rights, including intellectual property rights, in your User Content. You also waive all moral rights (to the extent permitted by law) such as your right to be identified as the author of your User Content and your right to object to derogatory treatment of such User Content. You understand and agree that some of your User Content, particularly that which is displayed in a Forum, may appear publicly even after your subscription and Account are terminated, (subject to your rights to have your User Content removed in accordance with applicable law).
- Our rights in relation to your activity. In the event that Brutal Muscle becomes aware or has cause to believe that any of your activity is in breach of these terms or any applicable law or regulation or, in our sole discretion, we deem it to be unacceptable, we reserve the right to take action which may include temporary removal or permanent removal of any content, posts or other material and/or suspension of your Account and exclusion of you from our Site with immediate effect. We also reserve the right, if necessary, to provide any incriminating material in our possession to the police or other relevant authorities.
- Your consumer rights. You may have statutory consumer rights that apply to your subscription which cannot be limited, excluded or modified. Nothing in these terms limit, exclude or modify any such consumer rights.
- Your technology. You are responsible for your Internet usage charges. Please ensure you check with your Internet provider for information on the possible charges for data usage.
- OUR CONTENT
- Content on our Site. Except User Content, all content on our Site and our Services (including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, trailers, applications, interactive features, articles, blogs, news stories, sketches, animations, art work and other content) (Content) is owned or licensed by Brutal Muscle.
- Your rights in our Content. We grant you a limited, non-exclusive, revocable licence to make use of our Services and a limited, non-exclusive, revocable licence to make personal, non-commercial use of our Content. This licence will automatically terminate when your subscription ends.
- Our intellectual property. All Brutal Muscle trade marks, service marks, trade names, logos, domain names and any other feature of our Services (Brand) are the sole property of Brutal Muscle or its licensors. Nothing in these terms gives you any right to use the Brand for commercial or non-commercial use.
- Third party content. We may allow selected third party partners to offer their products to you for purchase, or to post Content to our Site. Transactions carried out between you and such third partners will be governed by the third party partner’s terms and conditions which will be located on their own website and Brutal Muscle accepts no liability arising out of any such transaction.
- DISCLAIMER: SEEK PROFESSIONAL ADVICE. OUR SITE AND OUR SERVICES MAY INCLUDE CONTENT THAT DISCUSSES PHYSICAL ACTIVITY, NUTRITION, BODYBUILDING SPECIFIC INFORMATION, SUPPLEMENTS AND GENERAL FITNESS. YOU ACKNOWLEDGE AND AGREE THAT OUR SITE AND OUR SERVICES ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL OR NUTRITIONAL ADVICE OR SERVICES, NOR FOR DIAGNOSIS OR TREATMENT. OUR SITE AND/OR SERVICES SHOULD NOT BE RELIED UPON BY YOU IN SUBSTITUTION OF PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE OR OTHER PROFESSIONAL SERVICES. YOU SHOULD CONSULT WITH A MEDICAL PROFESSIONAL BEFORE ENGAGING IN ANY PHYSICAL ACTIVITY, A DIET/MEAL PLAN OR TAKING ANY SUPPLEMENTS AND YOU SHOULD NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT YOU MAY HAVE VIEWED ON OUR SITE OR OUR SERVICES.
- Your responsibility for your safety. To the maximum extent permitted by applicable law, Brutal Muscle is not responsible or liable for any injuries or damages you may sustain as a result of your use, or inability to use, any information or Content provided in our Services. Brutal Muscle does not seek to exclude or limit its liability for death or personal injury caused by its negligence, as explained in clause 1 below.
- DISCLAIMER: TECHNOLOGY CAN GO WRONG. DUE TO THE NATURE OF THE INTERNET, ERRORS, INTERRUPTIONS AND DELAYS MAY OCCUR IN OUR SITE OR OUR SERVICES AT ANY TIME. OUR SITE AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, BRUTAL MUSCLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE (EXCEPT IN RELATION TO ANY DIGITAL CONTENT), NOR THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS FREE, TIMELY, SECURE, ACCURATE, RELIABLE OF ANY QUALITY OR THAT THE CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD OR STREAMING, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OUR SITE OR OUR SERVICES. WE RECOMMEND YOU USE VIRUS PROTECTION SOFTWARE WHEN USING ANY WEBSITE, INCLUDING OUR SITE.
- No endorsement. You acknowledge and agree that Brutal Muscle does not endorse the accuracy, integrity or quality, nor accept any responsibility for, any Content provided by its Athletes, by you, by other users or by any other third parties who may upload Content or whose Content may be published by Brutal Muscle to our Site from time to time.
- Third party software. We may use third party software (which may include open source software) in order to provide our Services from time to time. You acknowledge that your use of our Services may require third party software that is subject to third party licence agreements. You agree that you may automatically receive updated versions of related third party software.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these terms shall exclude Brutal Muscle’s liability for losses which cannot be excluded by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors or Athletes; for fraud or fraudulent misrepresentation; for providing digital content which matches the description we provided you, is of satisfactory quality or fit for any particular purpose made known to us; or supplying our Services with reasonable skill and care.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the subscription process.
- When there is a problem with defective digital content. Nothing in these terms will limit our obligation to provide digital content that is of satisfactory quality, fit for purpose and as described. If we supply any digital content to you and defective digital content which we have supplied results in damage to your device or your digital content and this is caused directly by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. Compensation of this sort is not guaranteed and you should seek legal advice if you think it is due. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Circumstances outside of our control. We have a responsibility to perform our Services to you in conformity with our contract, however, we shall not be responsible for any failure by us to perform our obligations to you in relation to your subscription where this failure is caused by circumstances beyond our control.
- We are not liable for business losses. We only supply our Services for domestic and private use. If you use our Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Limitations on our liability.
- Financial maximum of our liability. To the extent permitted by law, Brutal Muscle’s total liability to you for all claims relating to our Services or Site, or any third party Content or software is limited to the total Membership Fees paid by you to Brutal Muscle to date (to a maximum of 18 months ).
- OUR RIGHTS TO MAKE CHANGES
- Updates to our Site or our Services. We may update the Site or our Services from time to time, provided that there are no material changes to our Services. Where possible, any material changes to our Services will be notified to you with 30 days’ notice.
- Updates to these terms. We may update these terms from time to time. Any changes will be notified to you as soon as possible and any such changes will apply to your subscription from your next Monthly Billing Date after we notify you of the changes. If you do not agree to the new terms, you should cancel your subscription before your next Monthly Billing Date. If you continue to use our Services and pay the Membership Fee for the next month, you indicate your agreement to be bound by any such amended terms.
- PROVIDING OUR SERVICES TO YOU
- The term of your subscription. We will supply our Services to you until you end the contract as described in clause 12 or until we end the contract by written notice to you as described in clause 14.
- We are not responsible for delays outside our control. If the supply of our Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the remainder of the month for which you have paid but not received our Services.
- Reasons we may suspend the supply of our Services to you. We may have to suspend the supply of our Services to:
- deal with technical problems, necessary maintenance or to make minor technical changes;
- update our Services to reflect changes in relevant laws and regulatory requirements;
- make changes to our Services as requested by you or notified by us to you (see clause 10).
- Your rights if we suspend the supply of our Services. We will contact you in advance to tell you we will be suspending supply of our Services unless the problem is urgent or an emergency. If we have to suspend our Services for longer than 7 days, we will adjust the price so that you do not pay for our Services while they are suspended. You may contact us to end the contract for our Services if we suspend them, or tell you we are going to suspend them, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for our Services in respect of the period after you end the contract.
- Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you for your subscription on a pro rata basis for the remainder of the month to which it relates. Those reasons are:
- we have told you about an upcoming change to our Services or these terms which you do not agree to (see clause 10);
- we have told you about an error in the price or description of our Services you have subscribed to and you do not wish to proceed;
- there is a risk that supply of our Services may be significantly delayed because of events outside our control;
- we have suspended supply of our Services for technical reasons, or we notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
- you have a legal right to end the contract because of something we have done wrong.
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us. Your subscription is monthly and you can cancel your contract with us for any reason at any time and will continue to have access to our Services until the end of the current billing month. Your subscription will automatically terminate one day after the Monthly Billing Date if you have not paid the Membership Fee for the next month by 11:59pm on the Monthly Billing Date, or if you cancel your subscription on your Account page. If you cancel your subscription, your Account will automatically close at the end of your current billing month but you will have access to our Services until that time.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). As a consumer, you have a legal right to cancel your subscription within a cooling-off period of 14 days from the date you receive your email from us confirming your subscription to our Services. To exercise your right to change your mind, you can simply email us or you can print and fill out the cancellation form attached to this contract and return it to us. We will acknowledge receipt of any such notifications as soon as possible, your Account will be terminated and you will be refunded.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU CHANGED YOUR MIND)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Online at your Account. Complete the form [INSERT LINK TO ONLINE FORM] on our Site.
- Email us at firstname.lastname@example.org. Please provide your name, your Account number and email address.
- How we will refund you. If you are entitled to a refund under these terms we will refund you by PayPal Subscriptions within 14 days of your notifying us that you have changed your mind.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you breach it. We may end the contract at any time by terminating your Account and without compensation if:
- you do not make any payment to us of your Membership Fee on or before your Monthly Billing Date;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our Services or if you provide us with inaccurate or untrue information; or
- if you breach any of the terms of this contract including but not limited to those in clause 6.
- We may end the contract if you breach it. We may end the contract at any time by terminating your Account and without compensation if:
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its term
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect or will be amended to the minimum extent necessary to deem them lawful.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide our Services, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
(Complete and return this form only if you wish to withdraw from the contract)
To: Brutal Muscle Online Limited
4 Capricorn Centre, Crane Farm Road, Basildon, Essex, United Kingdom, SS14 3JJ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
[TC1]Note to Ben and Matthew:
If possible, it would be good if you can link up the clause references in the terms e.g. where a reference is made to a clause no. the consumer can click on that and it will take them directly to that clause. It’s not essential but would make it easier to read the terms and transparency is important in consumer contracts.
I think we should also include an FAQ page which set out the key terms like price, cancellation, etc. Then users don’t have to read the full terms to get the key information. I will draft FAQs for you to include when the terms are done.
[TC2]Are you going to get insurance? What if a member tries to sue you for health advice or if your content damages their computer? You would at least want insurance to cover you for the legal fees of defending the claim. NO
[TC3]I really think you should double check on the insurance point. You never know if someone might bring a claim against you (even if you haven’t done anything wrong) and I’m sure there must be some cover you can get. Maybe speak to Philippa or Mark?
See clause 15.2 also – you can’t exclude liability for death or personal injury caused by negligence
[TC4]Let me know when you’ve spoken to someone about this as we can look at the financial liability cap again if you have insurance.
[TC5]Assume this is how it will work. We may need to amend once you have the PayPal Subscriptions terms.
[TC6]Do they need any specific bandwidth requirements to be able to stream the videos?
[TC7]Videos are about 1080p and user will stream about 750mb per hour. If using data off a mobile then it will rinse the data.
[TC8]As you said that bandwidth shouldn’t be an issue, I’ve left that out and just added in a clause at the bottom of this section about data charges being the user’s responsibility.
[TC9]Note that this clause or a sub-section of it could be held to be unfair if it ever went to court. I could remove it now if you want to err on the side of caution. The table tennis daily academy subscription terms don’t include something like this and I think its because it is a smaller company. Bigger companies I’ve looked at (where they have big insurance etc probably) have left this in. Sub-clause (a) is the concern but we could keep it in and see how we get on for a few months and then maybe get a consumer rights lawyer to have a look.
I think because we have included some remedies for consumers in relation to their rights under the contract (e.g. for our breach of contract) and because they can terminate at any time pretty much, we have struck quite a good balance of fairness. But we do exclude and limit more liability than we should probably.
[TC10]I’ve decided to keep in the financial cap.
Once you have decided about insurance, it would be good to review this and make sure that the amount is fair. Normally companies will cap their liability based on their insurance. I have checked with a lawyer friend of mine and she said it’s reasonable to include a financial cap as long as it’s reasonable and fair. 18 x £6.99 is only £125 so we might want to consider increasing this to something like £500. I think we can leave it like this now and revise it if and when you get insurance.
[TC11]Check you can refund by this method.