These terms were last updated on February 12, 2009

Acceptance of Terms

The BoundMuscle.com Web Site is made up of various Web sites and Web pages that are owned and operated by Steel Mill Media LLC (“Steel Mill Media”) (collectively, the “Websites”). The following Terms of Use (“Terms”) govern your use of the Websites. Read these terms carefully before you (“You”) accept these Terms by: (a) placing an order through Steel Mill Media or (b) otherwise using the Websites.

Additionally, the Websites may themselves contain additional terms, codes of conduct or guidelines that govern use of those websites, including without limitation, particular features or offers (for example, free trials, sweepstakes or chat areas). In the event that any of the Terms contained herein conflict with any additional terms contained within any Website, then these Terms shall control. Your use of the Websites constitutes Your Agreement to the Terms and any additional terms.

The Terms are entered into by and between Steel Mill Media and You. Any reference herein to Steel Mill Media shall be deemed to refer to Steel Mill Media and/or the Websites, as applicable under the circumstances. The products offered for sale and other on-line resources accessible via the Websites, are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Websites.

Steel Mill Media, and any third-party providers of content to the Websites, may make improvements and/or changes to the Websites including the products, programs, services and prices that are offered or described on the Websites, at any time, without prior notice. In addition, Steel Mill Media does not warrant that the products offered on the Websites are available to be shipped to all customers or that product descriptions or other content of the Websites is accurate, complete, reliable, current or error-free.

You acknowledge that the Websites contain sexually oriented adult material intended for individuals 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which You reside. You agree not to enter the Websites if you are not 18 years of age or older, if sexually oriented adult material offends you, or if you are accessing the Websites from any community or country where adult material is specifically prohibited by law.

Modification to Terms of Use

Steel Mill Media reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. You are responsible for regularly reviewing these Terms and Your continued use of the Websites constitutes Your agreement as to all such updated or modified terms.

Intellectual Property Rights

Steelmillmedia.com, steelmillmen.com, and boundmuscle.com are registered trademarks of Steel Mill Media.

Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Websites (collectively, the “Content”) are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by Steel Mill Media or by third parties (the “Third Party Providers”) who have provided materials to Steel Mill Media, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Steel Mill Media owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.

Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Steel Mill Media or the Third Party Provider. No part of the Websites may be reproduced or retransmitted in any way, or by any means, without the express written permission of Steel Mill Media. You also may not, without Steel Mill Media’s prior express written permission, “mirror” any of the Content contained on the Websites on any other server.

Steel Mill Media is committed to respecting others' intellectual property rights, and we ask our users to do the same. Steel Mill Media may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on the Websites, please contact our copyright agent as described in our copyright policy.

Nothing on the Websites shall be construed as conferring any license under any of Steel Mill Media’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download Steel Mill Media’s Content on the Websites for Your personal, non-commercial use only, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This permission terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials.

The Content on the Websites may be used only as a personal viewing resource. The Content may not be redistributed to any minor, to any person who may find the Content personally offensive, or to any person who resides in any community or country where adult material is specifically prohibited by law. Any unauthorized use of any Content contained on the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Steel Mill Media does not provide, sell, license, rent or lease any of the Content other than those specifically identified as being provided by Steel Mill Media.

Your Conduct

You agree to use the Websites only for lawful purposes. You are prohibited from posting on or transmitting through the Websites any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by Steel Mill Media to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law.

Social Networking Conduct

The Content on the Websites is designed for your enjoyment and the enjoyment of others. As a general rule, any activity (communication, posting, image, video, link, etc.) that adversely affects the enjoyment of others will not be tolerated. Steel Mill Media reserves the right to cancel any membership over conduct violations, without refund.

Below are a list of activies that constitute a conduct violation. It should not be construed that this list is exhaustive, and you should use your best judgment while using the Websites.

• Any activity that interferes with another's enjoyment of any of the Websites
• Creating more than one profile with the intention to fraud, misrepresent, or in any way take unfair advantage of the Websites or its users. Creating multiple profiles is accepted (you could make one for your Dominant side and one for your Submissive side) so long as you do not intend to fraud, misrepresent, or in any way take unfair advantage of the Websites or its users. Steel Mill Media is the sole judge as to whether your particular situation is acceptable.
• Impersonating any person or falsely stating or otherwise misrepresenting your affiliation with a person, organization, or group.
• Using the Website for advertising goods or services without express written consent of Steel Mill Media.
• To copy, modify, create a derivative work of, reverse engineer or assemble or otherwise abuse our rights in relation to any of our software
• To attempt to access any area of any of the sites for which you are not authorised or access our system without our written consent
• Any activity that materially affects (or may materially affect) the functionality of our systems of any of the Websites

We reserve the right to rectify a content violation in the following manners: removing images, videos, links, text, or any other information that is attached to the offending profile; cancel and/or ban the membership at any time (refunds will not be given if the reason is a breach of these Terms); read, analyze, and otherwise store your images, videos, links, text, or any other information that is attached to the offending profile as evidence of a beach of these Terms.

Comments, Communications, and Other Content

All comments, communications, ideas, and other content disclosed, submitted or offered to Steel Mill Media on or by the Websites or otherwise disclosed, submitted or offered in connection with Your use of the Websites (collectively, the "Comments") shall be and remain Steel Mill Media’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Steel Mill Media of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Steel Mill Media will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Steel Mill Media is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Websites will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Websites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Membership Fees

Standard Membership for Bound Muscle Profiles is free. Elite Membership fees are at the rates shown on this site. If you are an Elite Member, you must pay renewal fees before expiry of your current membership in United States dollars. If you do not pay on time, your Elite Membership will be downgraded to Standard Membership until you have paid your membership fees.

You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time) the membership fees at the rates shown on this site. The charge will appear on your credit card as one of the following: Steel Mill Media, Male Fitness Buff, malefitnessbuff.com. You will receive an email receipt for any charges to your card on the date the payment is taken.

You agree to provide us with true, accurate and complete information as required by the subscription or registration process including your legal name, address, postal code, email address and applicable billing information (e.g. credit card number and expire date) and to allow us to pass this information to a third party credit card processor for the purpose of verifying the information you provide and billing your credit card.

As the Membership is a time-sensitive service, Elite Membership fees are non-refundable.

Chargebacks

While you are fully within your rights as a cardholder to chargeback the amount shown, note that this substantially reduces your privacy rights on the Websites. As persuant of the Privacy Policy, once a notice of Chargeback is received to our offices, your account/membership is immediately and irrevokably banned, and you lose all rights given to you in the Privacy Policy regarding protection of information (to the extent that the law requires). Additionally, you give us the right to post your name and address in a public forum, to contact credit agencies regarding your debt, and to tranfer your debt to an outside collection agency. IN SHORT, CONTACT US BEFORE YOU CHARGEBACK!

Recurring Billing

Recurring Billing is a option that is available but not required. Where you have chosen a recurring billing option, the following sections also apply.

If you subscribe to a recurring 30 day membership your membership will automatically continue at the end of the relevant 30 day period for a further 30 day period unless we are notified before the relevant renewal period begins. Recurring 30 day memberships are subject to a minimum 60 day membership.

If you subscribe to a recurring 60 day membership your membership will automatically continue at the end of the relevant 60 day period for a further 60 day period unless we are notified before the relevant renewal period begins. Recurring 60 day memberships are subject to a minimum 120 day membership.

If you subscribe to a recurring 90 day membership, your membership will automatically continue at the end of the 90 day period for a further 90 day period unless we are notified before the relevant renewal period begins. Recurring 90 days memberships are subject to a minimum 180 day membership.

You may notify us that you wish to cancel your membership at any time before the relevant renewal period by either clicking on the "Cancel Recurring Billing" in My Profile. Alternatively, you may write to customerservice@boundmuscle.com requesting cancellation ONLY FROM THE EMAIL THAT APPLIES TO THE MEMBERSHIP.

You agree that we may charge the credit card (or other form of payment, if applicable) that you have given us details of for recurring payments. In the event that we cannot charge your credit card, we reserve the right to suspend or terminate your membership at our absolute discretion.

We reserve the right to increase membership fees at any time upon providing you with at least two weeks' notice in advance to give you time to decide whether you wish to continue with your subscription. If you do not wish to continue you should let us know and we shall cancel your membership at the end of your current membership period.

If your credit card expires, is cancelled, lost or is subject to use without your authorization you agree to promptly notify us by writing to customerservice@boundmuscle.com to provide details of an alternative current, valid credit card (or other form of payment which we may accept from time to time).

Links

The Websites may provide, or third parties may provide, links to other Internet sites or resources. Because Steel Mill Media has no control over such sites and resources, You acknowledge and agree that Steel Mill Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Steel Mill Media will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

The Websites may be linked to other websites that are not under the control of and are not maintained by Steel Mill Media. Steel Mill Media is not responsible for the content of those sites. Steel Mill Media is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Steel Mill Media of those sites.

Server Maintenance

We may occasionally have to perform necessary server or network maintenance and/or upgrades. These specified time periods are referred to as "Scheduled Maintenance Periods". In the event that Steel Mill Media must bring down the service during a Scheduled Maintenance Period, we try to provide 24 hours notice to our members in advance of the Scheduled Maintenance Period. In addition, we reserve the right to perform any required maintenance work outside of the Scheduled Maintenance Period with a minimum of 12 hours notification to members.

Members must be aware that, at any time, we may perform emergency maintenance as needed to preserve the overall integrity of the services with no notice and with without compensation for such activities.

Indemnification

You agree to indemnify and hold Steel Mill Media, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Websites.

Disclaimer of Warranties

YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY STEEL MILL MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITES IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY. STEEL MILL MEDIA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. STEEL MILL MEDIA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITES. STEEL MILL MEDIA MAY MAKE AVAILABLE ON THE WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL STEEL MILL MEDIA OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITES.

STEEL MILL MEDIA MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEEL MILL MEDIA OR THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. STEEL MILL MEDIA'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

Media that You Upload

You warrant that all material you upload to any of the sites is true, accurate and up-to-date (and you agree to maintain it as such at all times); is your own creation/property or that you have consent to upload it to the sites and in all cases that uploading the material does not breach any third party's intellectual property rights; is not defamatory, illegal, unlawful, offensive or discriminatory in any way; has been processed by up-to-date virus-checking software and found to be free of any virus, worm, Trojan or other similar device or effect that alters or may alter the functioning of any of the sites or any computer system at any time.

We reserve the right to use any material submitted to the site during or after the registration process for online and offline promotional purposes without limit on time or usage. We try to contact originators of such material prior to its use but we do not have to do so.

Although we do not actively monitor submissions to the site or content posted by users and accept no responsibility or liability for this, submission and content posted may be subject to real-time vetting and monitoring. We reserve the right to amend or remove content without justification. In particular, we may do so if we receive a complaint about content, feel the content is unsuitable, in violation of the law, or in any way breach of these terms and conditions.

Privacy Policy

Steel Mill Media respects Your desire for privacy. Steel Mill Media's Privacy Policy can be found here By using the Websites, You are consenting to the processing of Your data by Steel Mill Media and consenting to the terms of our Privacy Policy. If we decide to make any significant change to that policy, we will post the revised policy prominently on the Websites or otherwise bring it to Your attention, so that You are always aware of what we do with Your information.

Site Security

You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Steel Mill Media will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available from Steel Mill Media on the Websites and other than generally available third party web browsers (e.g., Mozilla Firefox, Microsoft Explorer).

Termination of Use

Steel Mill Media, in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on the Websites, and remove and discard any Content on the Websites, for any reason, including, without limitation, for lack of use or if Steel Mill Media believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Websites under any provision of the Terms may be effected without prior notice, and Steel Mill Media may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to the Websites. Further, Steel Mill Media will not be liable to You or any third-party for any termination or suspension of Your Account or Your access to the Websites.

General Information

The Terms constitute the entire agreement between You and Steel Mill Media and govern Your use of the Websites, superseding any prior agreements between You and Steel Mill Media (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other Steel Mill Media services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.

Any breach of the Terms will result in irreparable harm to Steel Mill Media for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Steel Mill Media will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Steel Mill Media seeks such an injunction.

Delaware law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Steel Mill Media agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, Delaware.

Steel Mill Media controls and operates the Websites from its headquarters in Osceola County, Florida, United States of America, and makes no representation that this Content is appropriate or available for use in other locations. If You use the Websites from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Website to either a foreign national or a foreign destination in violation of such laws.

The failure of Steel Mill Media to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.

These Terms represent the entire understanding relating to the use of the Websites and prevail over any prior or contemporaneous, conflicting, or additional, communications.