Terms of Use (Ultimate Muscle social networking Site)

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

You must be at least 17 years of age to use our Ultimate Muscle website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 17 years of age.

Our Ultimate Muscle website uses cookies. By using our Ultimate Muscle website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the Ultimate Muscle website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content such as messages, emails, blogs, friends (all other connections), chat, video chat, details, photographs etc from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this Ultimate Muscle website (including republication on another website);

(b) sell, rent or sub-license material from the Ultimate Muscle website;

(d) reproduce, duplicate, copy or otherwise exploit material on our Ultimate Muscle website for a commercial purpose;

(e) edit or otherwise modify any material on the Ultimate Muscle website; or

(f) redistribute material from this Ultimate Muscle website. Ultimate Muscle / Web Buster UK Limited however, has the rights to use any material they feel fit to use on the site and by uploading you accept this. This could be fore newsletters, adverts, promotions items like books, mugs, t-shirts, hoodies, car stickers etc (this is not a complete list and can include anything), to boost the sites popularity and to increase revenue. Ultimate Muscle and Web Buster UK Limited may also use contact details for promotional work and send you details to your phone and email about events, items for sale, competition, new users etc (this is not an exhaustive list and can include more). Both use of content and images and all items apply even if your account has been closed as we may have started production before you closed your account. You are NOT entitled to any profits or money made from items even if they have your images/details etc on them.

Content is not made available for redistribution on this site by the general user however, anyone can create an account to see the information.

You may access our RSS feed when available. By accessing the our RSS feed you accept these terms of use. Subject to your acceptance of these terms of use, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any website owned and operated by you. It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). We may revoke this licence at any time, with or without notice or explanation.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent. We have opportunities for you to advertise on our site for a fee.

(4)Registered users and Paid Users

Access to certain areas of our website is restricted to registered users and other areas are restricted to paid users.

In order to become a registered user, you must sign in using our form or your Facebook, or google plus login from our main page. To become a Paid User you must pay the current fee which is a recurring monthly or yearly charge. You must then verify via email who you are. You are accepting our full terms and conditions when you sign up and create an account. If at any point you decide you don’t agree with any of our terms and conditions you must close and delete your account. If you want to end your monthly subscription you must cancel your payments yourself.

You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 5 below.

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's username and password to access our website.

Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion. Such additional features may include:

(a)the facility to complete a more detailed personal profile on the website;

(b)the facility to sell items (items are sold and bought at buyers and seller own risk, this is nothing to do with Ultimate Muscle or Web Buster UK Limited, we are not liable in anyway);

(c)the facility to send private messages via the website to particular groups or individuals registered on the website.

(d)the facility to upload additional photos and videos on the web site, more than a standard user.

(e)the facility to put items in comments to blogs, photos or videos.

(f)the facility to add bookings to the calendar and be notified about an event.

(g)the facility to have your emails remain in your inbox for a whole year as opposed to a week with standard members.

(h)the facility to have additional photo enhancements for example zoom control to see the photos in a much larger format.

(i)the facility to use video chat and to save message history.

(j) The facility to suggest improvement Suggest improvement

(k)any other features we feel appropriate.

We may disable usernames and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

(5) User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

(a)be libellous or maliciously false;

(b)be obscene or indecent;

(c)infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)infringe any right of confidence, right of privacy, or right under data protection legislation;

(e)constitute negligent advice or contain any negligent statement;

(f)constitute an incitement to commit a crime;

(g)be in contempt of any court, or in breach of any court order;

(h)be in breach of racial or religious hatred or discrimination legislation;

(i)be blasphemous;

(j)be in breach of official secrets legislation;

(k)be in breach of any contractual obligation owed to any person;

[(l)depict violence in an explicit, graphic or gratuitous manner;

(m)be pornographic or sexually explicit;

(n)be untrue, false, inaccurate or misleading;

(o)consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)constitute spam;

(q)be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r)cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(6)Limited warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7)Limitations and exclusions of liability

Nothing in these terms of use will:(a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature. This also applies to those that have paid for premium membership.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software. Details are entered into our system at your own risk, do not include any information that you would be concerned about if a leak occurred.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and company. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers, employees or our company in respect of any losses you suffer in connection with the website or these terms of use. At any time you can issue a complaint to use via our contact us section or text message and we will get back to you. We will sort matters out, if you are unhappy you can close your account yourself at any time and we can ensure all data is removed from our site of the system.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(8)Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9)Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)send you one or more formal warnings;

(b)temporarily suspend your access to the website;

(c)permanently prohibit you from accessing the website;

(d)block computers using your IP address from accessing the website;

(e)contact your internet services provider and request that they block your access to the website;

(f)bring court proceedings against you for breach of contract or otherwise;

(g)suspend and/or delete your account with the website; and/or

(h)delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(10)Third party websites

Our Ultimate Muscle website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(11)Trade marks

Ultimate Muscle and Web Buster UK Limited and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our Ultimate Muscle website are the property of their respective owners Web Buster UK Limited. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(12)Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate) usually as a brief note on the competitions page. Basically, when you enter a competition, the system selects a winner at random from the correct entries after the deadline and prize is then sent through the post. We are not liable for any loss of items in the postal system; replacement prizes will not be issued. Answers received after the deadline will not be counted and spelling or typing mistakes will be counted by our system as incorrect answers.

(13)Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our Ultimate Muscle website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(14)Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(15)Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16)Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(17)Entire agreement

These terms of use, together with our privacy policy which is available upon request, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(18)Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(19)Registrations and authorisations

We are registered with Data Protection Commissioner and we use PayPal for payments via their site.

We are subject to the data protection act which is supervised by ICO.

We are registered with ICO. Our professional title is Web Buster UK Limited and it has been granted in the United Kingdom. We are subject to the ICO data protection rules which can be found at http://www.ico.gov.uk/what_we_cover/register_of_data_controllers.aspx.

We subscribe to the following code[s] of conduct: We will support and help you with any issues created by our site but we will not be liable, site is used at your own risk. We will do our upmost to ensure security but will not be liable for any infringement, loss or distribution of personal information so only upload what you are happy for others to see. We offer a fun free social networking site for cars with additional feature for paid members, you can opt out and leave at any time.

(20) Our details

The full name of our company is Web Buster UK Limited.
accounts@webbuster.co.uk
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Complaints@webbuster.co.uk
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We are registered in England & Wales.

Our registered address is available from our creators at Web Buster UK Limited. www.webbuster.co.uk

Privacy Notice

PRIVACY POLICY for www.ultimatemuscle.co.uk, www.ultimatemuscleperformance.co.uk, www.ultimatemuscleperformance.com, www.ultimateperformancemuscle.co.uk, www.ultimateperformancemuscle.com, www.muscleperofrmance.co.uk, www.ultimatemuscleteam.co.uk and all other derivatives for example, www.ultimatedominator.co.uk, www.ultimatepurepower.com, www.ultimatebiceps.co.uk, www.mycoolcar.co.uk, www.webbuster.education, www.connectingfighters.com, and all other site produced by Web Buster UK Limited.

At Ultimate Muscle (Part of the Web Buster UK Limited group), we are dedicated to safeguarding and preserving your privacy when visiting our site or communicating electronically with us. Our Privacy Policy has been provided and approved by website privacy policy provider www.LegalCentre.co.uk.

This Privacy Policy, together with our terms of use, provides an explanation as to what happens to any personal data that you provide to us, or that we collect from you.

We do update this Policy from time to time so please do review this Policy regularly.

For the purpose of the Data Protection Act 1998 our data controller is admin@webbuster.co.uk.

Information We Collect
In operating our website we may collect and process the following data about you:

i. Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.

ii. Information that you provide by filling in forms on our website, such as when you registered for information or make a purchase.

iii. Information provided to us when you communicate with us for any reason.

iv. Information about your fitness and statistic.

v. Personal data you enter into your account including passwords, usernames and levels of access.

vi. Details of any logs and messages, emails, videos chat, images that are used via our site, this list is not exhaustive.

vii. Information on any blogs, comments, issues, feedback, complaints etc.

We hold information suitable or necessary for the memberships subscriptions, ordering and delivering of goods. So we will require, your name, date of birth, address and contact number so we are able to verify who you are when you place an order using our online system. Other verifications details are also required.

Use of Cookies

On occasion, we may gather information about your computer for our services and to provide statistical information regarding the use of our website to our advertisers.

Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.

Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computers hard drive. They help us to improve our website and the service that we provide to you.

All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.

Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.

Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:

i. To provide you with information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information by signing up to the site.

ii. To meet our contractual commitments to you.

iii. To notify you of any offers or details from any sites created by or from Web Buster UK themselves. Although your personal details will NOT be passed to the renters of these sites unless you contact them directly, the details will only be used and seen by Web Buster UK Limited.

iv. To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.

If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you or any items, products or services run by Web Buster UK or by Web Buster on behalf of other companies.

Further, we may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented at the time your information was collected.

If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.

If you do not want us to use your data for our or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.

If you do not want to receive internal email information about Web Buster UK Limited Products, 2-4 max times a month, which is part of the acceptance of signing up, you can now un-tick the Newsletter Box, this will save you getting the 2-4 emails a month and still allow you to use the site and take advantage of the free products and lower prices etc, however, you will no longer receive coupon discount codes or be able to collect any points or receive any coupons or codes as they work through the internal email system as well as being sponsored by 2-4 ads you have been getting each month. The internal email system means internal messages not external, which means you data never leaves our server to go elsewhere, we send the promotional emails and they are about Web Buster UK Limited sites or products only ie My Cool Car etc and limited to a maximum of 4 per month. Your data is NOT passed to anyone else unless you decided to sign up to one of Web Buster UK Limited's other sites for promotions.

Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors. You may send information to others if you make people your friend and you should ALWAYS check your own profile for the information that is displayed to everyone and contact us if there is information you are not happy sharing.

By signing up to our site you do give automatic permission, as stated above, for Web Buster UK Limited to use your details to inform you of offers and details about other sites they have created, however, your information is not passed directly renters of those sites, it is always done, on their behalf. If you are not happy with this you can unsubscribe from this service by closing your online account and use the telephone number at the top of the site to place your orders.

Storing Your Personal Data

We may transfer data that we collect from you to locations outside of the European Economic Area for processing and storing. Also, it may be processed by staff operating outside the European Economic Area who work for us or for one of our suppliers. For example, such staff maybe engaged in the processing and concluding of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this Privacy Policy.

Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.

The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.

Disclosing Your Information
Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).

We may also disclose your personal information to third parties:

i. Where we sell any or all of our business and/or our assets to a third party.

ii. Where we are legally required to disclose your information.

iii. To assist fraud protection and minimise credit risk.

Third Party Links

You mind find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

Access To Information
The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of UK 10 Pounds which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below. Remember most the data we hold is displayed in your Accounts system on our site only minor data is not displayed to protect your privacy.

Contacting Us
We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at:- sales@webbuster.co.uk.