Terms of Service for AthletiForge

By accessing this website, athletiforge.com, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and acknowledge that you are responsible for compliance with any relevant local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The content and materials on athletiforge.com are protected by applicable copyright and trademark laws. By using this site, you affirm that you are at least 13 years of age and fully able and competent to enter into these Terms.

Disclaimer

The materials on athletiforge.com are provided “as is.” AthletiForge makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violations of rights. Further, AthletiForge does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall AthletiForge or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on athletiforge.com, even if AthletiForge or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such cases, the liability of AthletiForge shall be limited to the greatest extent permitted by law.

Content

AthletiForge accepts no responsibility or liability for the images, content, and links posted on this site by users. You shall not upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of such rights. It is your responsibility to obtain any necessary authorization to use any image or content. AthletiForge has not reviewed all images, content, or sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by AthletiForge of the site. Use of any such linked website is at the user’s own risk. AthletiForge reserves the right to edit or delete any content it deems, in its sole discretion, inappropriate. AthletiForge’s website shall be used for lawful purposes only.

Revisions and Errata

The materials appearing on athletiforge.com may include technical, typographical, or photographic errors. AthletiForge does not warrant that any of the materials on its website are accurate, complete, or current. AthletiForge may make changes to the materials contained on its website at any time without notice. However, AthletiForge does not make any commitment to update the materials.

Disclosure

AthletiForge does not receive compensation from artists, professionals, celebrities, or brands. AthletiForge may earn a commission for items purchased through external links that accompany products. This commission does not cost users anything and is paid by the merchant.

Modifications

AthletiForge may revise these Terms of Use for its website at any time without notice. By using this website, you agree to be bound by the then-current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to athletiforge.com shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

Privacy

AthletiForge receives and stores information you enter on our website or provide to us in any other way. This includes, but is not limited to, registration and profile information, IP addresses, referral pages, service behavior, and traffic data. We do not track your information or behavior on any third-party locations or services unrelated to our website. We do not sell or rent any of your personally identifiable data to third parties. AthletiForge takes precautions to keep our data secure but is not responsible for any breach of security.

Log Files

Like many other websites, AthletiForge makes use of log files. The information inside the log files includes Internet Protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and the number of clicks to analyze trends, administer the site, track users’ movements around the site, and gather demographic information. IP addresses and other such information are not linked to any personally identifiable information.

Cookies and Web Beacons

AthletiForge does use cookies to store information about visitors’ preferences, record user-specific information on which pages the user accesses or visits, and customize web page content based on the visitor’s browser type or other information that the visitor sends via their browser.

DoubleClick Dart Cookie

Google, as a third-party vendor, uses cookies to serve ads on athletiforge.com. Google’s use of the DART cookie enables it to serve ads to users based on their visits to athletiforge.com and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at Google Ads Privacy Policy.

Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include Facebook, Google AdSense, and Amazon. These third-party ad servers or ad networks use technology in the advertisements and links that appear on athletiforge.com. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or web beacons) may also be used by third-party ad networks to measure the effectiveness of their advertisements and to personalize the advertising content that you see.

AthletiForge has no access to or control over these cookies that are used by third-party advertisers.

You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices, as well as for instructions about how to opt out of certain practices. AthletiForge’s Privacy Policy does not apply to, and we cannot control the activities of, other advertisers or websites.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.

Copyright and DMCA Policy

AthletiForge respects the content ownership rights of others and expects the same from its users. In compliance with all applicable copyright laws and in alignment with the Digital Millennium Copyright Act of 1998 (DMCA), it is our right and policy to edit or delete, at our discretion, any user content that infringes copyright and intellectual property law. AthletiForge reserves the right to terminate the account of any user who repeatedly infringes, or is charged with the infringement of intellectual property rights or copyrights of others.

The Digital Millennium Copyright Act of 1998 can be accessed at DMCA Legislation.

The DMCA allows a copyright owner, or anyone authorized to act on behalf of one, to report alleged copyright infringements taking place on the AthletiForge website. If you believe that user content on or through AthletiForge infringes your copyright rights, you may file a properly formatted DMCA Notice of Alleged Infringement (see 17 U.S.C. § 512) to AthletiForge.

AthletiForge will respond expeditiously to legitimate claims of copyright infringement occurring on the website. Such claims must be reported to AthletiForge’s Designated Copyright Agent, identified below. Upon receipt of the Notice as described below, AthletiForge will, in its sole discretion, take whatever action it deems appropriate and necessary, including the permanent removal of the challenged material from the website.

Website Content

All users adding content to athletiforge.com agree to provide a non-exclusive license for other users to use, modify, reproduce, distribute, prepare derivative works of, and display their content as permitted through the functionality of the services and under this Agreement. Furthermore, AthletiForge retains the right to reformat, modify, create derivative works of, excerpt, and translate any user submissions submitted by you.

All information publicly posted or privately transmitted through AthletiForge is the sole responsibility of the person from whom such content originated, and AthletiForge will not be liable for any errors or omissions in any content. AthletiForge cannot guarantee the identity of any other users with whom you may interact in the course of using the services. Additionally, AthletiForge cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all content accessed by you using the services is at your own risk, and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will AthletiForge be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with the use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the services.

AthletiForge Copyright Agent

The complete, properly formatted DMCA Notice of Alleged Infringement must be submitted to the following Designated DMCA Agent:

AthletiForge Copyright Agent
113 White Pine Village Dr.
Cadillac, MI 49601
Email: contact@athletiforge.com

Required Criteria for Reporting Alleged Copyright Infringements

To request action by AthletiForge, your claim must be valid under the DMCA. You must send AthletiForge’s Designated Copyright Agent the following information:

  1. The full legal name and electronic or physical signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work that is claimed to have been infringed. If multiple copyrighted works at the single website are involved, a representative list of such works at the website is required.
  3. Identification of the material that is claimed to be infringing or the subject of infringing activity that is to be removed or access to which is to be disabled, and information sufficiently reasonable to permit the service provider to locate the material. This includes, at a minimum, the URL link on the website or the Internet location where such material may be found.
  4. Information sufficiently reasonable to permit the service provider to contact you: your name, address, telephone number, and email address.
  5. A statement 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 agent, or the law:
    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner:
    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Claims Processing

AthletiForge processes claims in the order in which they are received. Please be aware that submitting duplicate claims may result in a delay in processing. Once AthletiForge’s Designated Copyright Agent receives a proper, bona fide infringement notification, it is our policy:

  1. To remove or disable access to the infringing material.
  2. To notify the content provider, member, or user that we have removed or disabled access to the material.
  3. That repeat offenders will have the infringing material removed from the system, and we will terminate such content provider’s, member’s, or user’s access to the website service.

What if I receive a Copyright complaint (DMCA) notification?
A DMCA notification indicates that the content described in the notification has been removed from AthletiForge or access to the content on AthletiForge has been restricted. Should the content provider, user, or member believe that the material that was removed, or to which access was disabled, is not infringing, such party has the right to file a counter-notice with AthletiForge in accordance with Section 512(g) of the DMCA.

Filing a Counter-Notice

A counter-notice containing all of the following information must be sent to AthletiForge’s Designated Copyright Agent:

  1. A physical or electronic signature of the content provider, member, or user.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared online before such removal or disabling.
  3. A statement that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The content provider’s, member’s, or user’s name, address, telephone number, and, if available, email address, along with a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s, or user’s address is located. If the content provider’s, member’s, or user’s address is located outside the United States, this statement should refer to any judicial district in which AthletiForge is located, and that such person or entity will accept service of process from the person who provided notification or an agent of such person.

Important Notice: Federal law states that if you knowingly misrepresent or submit fraudulent and/or bad-faith claims that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees. You may want to seek legal counsel before taking any action pursuant to the DMCA.