Written by: Rob Michaels
What is The PE Gym?
- The PE Gym is a free male sexual health website.
- Due to the sexual part, you must be 18 years or older to visit this website.
- Users contribribute all of the information on the PE Gym, including all pictures, videos, exercises, and other “Content.”
Terms of Service
The following terms and conditions govern all use of the the PE Gym website and all content, services and products available at or through the website. The Website is owned and operated by Semprove, Inc. (“PEGym.com”).
PEGym.com provides users (”Users”) with a free website for the sharing of information and communication with other Users, the posting, syndication of, linking to or uploading of user-generated Content (defined below), social networking and other features, functions, or services on the Site (collectively, the “Service”). The Content of the PEGym.com (“Website”) includes all text, images, graphics and other material contained on PEGym.com. User Content is provided for adults who are of at least 18 years of age.
This Agreement sets out the legally binding terms between you and Semprove. This Agreement applies to all Users of the Service, including users who read, implement, or in any way use Content and or its associated metadata, information, and other materials or services on the Site. This Agreement applies to all Users regardless of if they are using the Service anonymously or as a registered user. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the “Agreement”). Semprove may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail.
Please read this Agreement carefully before accessing or using PEGym.com. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
1. Your PEGym.com Account
If you create a user account on the Website, you are responsible for maintaining the security of your account, profile and blog. You are fully responsible for all activities that occur under the account and any other actions taken in connection with your profile on PEGym.com. You must not describe, write about, post, or link to another website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PEGym.com may change or remove any Content it considers inappropriate or unlawful, or otherwise likely to cause PEGym.com liability. You must immediately notify PEGym.com of any unauthorized uses of your account, your account or any other breaches of security. PEGym.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You take full responsibility for such actions.
2. Responsibility of Contributors
If you operate an account, comment on material on Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the PEGym.com(any such Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other means. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not pornographic in nature (defined in compliance with 18 U.S.C. 2257)
- if you do provide, submit or in anyway produce Content of your genital area (including measuring pictures or videos, starting pictures or videos, pictures or videos of exercises), you agree that you are willing to provide any 2257 information upon request and that you are accurately keeping records in compliance with the law.
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your username cannot be “Barack Obama,” beacuse in doing so you would be misleading the world to believe that Barack Obama is a member of the PEGym.com.
By submitting Content to PEGym.com for inclusion on your Website, you grant PEGym.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. This includes, but is not limited to, adapting popular forum posts into articles. If you delete Content, PEGym.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, PEGym.com has the right (though not the obligation) to, in PEGym.com’s sole discretion (i) refuse or remove any content that, in PEGym.com’s reasonable opinion, violates any PEGym.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PEGym.com’s sole discretion. PEGym.com will have no obligation to provide a refund of any amounts previously paid for any of its premium services.
3. Responsibility of Website Visitors
PEGym.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PEGym.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. As described in our disclaimer, you are using the PEGym.com and the Content at your sole discretion. You and you alone are responsible for what you do to your penis and your body. Penile exercise is healthy, but like all exercise it can be dangerous when implemented improperly. PEGym.com, it’s members, owners, and moderators are in NO WAY responsible or liable for any of your actions. The Content is for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PEGym.com disclaims any responsibility for any harm resulting from the use by visitors and Users of the Website, or from any use or downloading by those visitors of content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PEGym.com links, and that link to PEGym.com. PEGym.com does not have any control over those non-PEGym.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-PEGym.com website or webpage, PEGym.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. PEGym.com disclaims any responsibility for any harm resulting from your use of non-PEGym.com websites and webpages.
5. Copyright Infringement and DMCA Policy
As PEGym.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PEGym.com violates your copyright, you are encouraged to notify PEGym.com. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), PEGym.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PEGym.com or others, PEGym.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, PEGym.com will have no obligation to provide a refund of any amounts previously paid to PEGym.com, nor will PEGym.com be required to justify such termination.
For Copyright/DMCA complaints, please contact us using the methods at the bottom of this Agreement.
6. Intellectual Property
This Agreement does not transfer from PEGym.com to you any PEGym.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PEGym.com. PEGym.com, the PEGym.com logo, the Semprove logo and all other trademarks, service marks, graphics and logos used in connection with Semprove or PEGym.com are trademarks or registered trademarks of PEGym.com or PEGym.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PEGym.com or third-party trademarks.
PEGym.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PEGym.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools, resources and User-generated Content). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
PEGym.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PEGym.com account (if you have one), you may simply discontinue using the Website. PEGym.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The Website is provided “as is”. PEGym.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PEGym.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability / General Representation and Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK (AS DESCRIBED IN OUR DISCLAIMER) AND THAT PEGYM.COM SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, PEGYM.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PEGYM.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
PEGYM.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PEGYM.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL PEGYM.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PEGYM.COM SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PEGYM.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold harmless PEGym.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. Adult Website – 18 years or Older
This Website contains adult material that are often graphical in nature. The Website may also contain health or medical-related materials that are indirecectly sexually explicit. This material is for educational purposes only (not “entertainement”). You may only enter and use PEGym.com if you are at least 18 years of age, or at least the age of the majority in the jurisdiction where you reside or from which you access PEGym.com. If you do not meet these requirements, then you do not have permission to use PEGym.com its Content in any way. Please leave. If you find these materials offensive, you may not want to use our Website.
This Agreement constitutes the entire agreement between PEGym.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PEGym.com, or by the posting by PEGym.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PEGym.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
With regard in contacting us about this Agreement or other terms please do so in the following ways:
228 Park Ave S #32135
New York, NY 10003
Email: contact(at )pegym.com