Your User Agreement

Medical Information

THE CONTENT AND OTHER INFORMATION PRESENTED ON THE SITES, WHERE SITES ARE ANY SITES OPERATED BY CRE8TIV MOTION STUDIOS, INCLUDING BUT NOT LIMITED TO CRE8TIVMOTION.COM AND SWEATWARS.COM, ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A DIET OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. CRE8TIV MOTION STUDIOS RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITES IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. CRE8TIV MOTION STUDIOS RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITES. The process of becoming a member of the Sites (a "Member") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access to the Sites. In becoming a Member with the intent of using the Sites, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Sites. And in becoming a Member with the intent of using the Sites, you further affirm that either (A) all of the following statements are true: (i) you are not allergic to nuts, eggs, dairy products or any other foods; (ii) you are not presently following a diet plan provided to you by a physician or other medical professional for health reasons; and (iii) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has specifically approved your use of the Sites. And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of the Sites. You are advised that health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

Message Boards, Emailing, Monitoring and Third Party Content

A. MESSAGE BOARDS: Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites and the Internet. Cre8tiv Motion Studios does not endorse any information posted on the Message Boards. Please consult a physician or other relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. Cre8tiv Motion Studios is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk and could be dangerous or life-threatening.

In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:

Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. No profanity or explicit content. No posts, including pictures that might be considered "inappropriate". No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). Cre8tiv Motion Studios has the right to remove a post if it does not meet these standards, but not the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED". We do not typically delete threads on request. Understand that posts made by members do not necessarily reflect the views of Cre8tiv Motion Studios and should not be taken as medical advice. Posts submitted to the Sites' Message Boards are not considered confidential. These posts may be used by Cre8tiv Motion Studios for any purpose without requiring permission from the originator.

B. EMAIL RULES: Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of Cre8tiv Motion Studios, have their Membership cancelled without notice. Cre8tiv Motion Studios is not responsible for the content of email messages sent by its members or from a third party.

C. MONITORING: Notwithstanding anything to the contrary herein, Cre8tiv Motion Studios has no obligation whatsoever to monitor any of the content or postings on the Message Boards or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Members, sponsors, users and visitors.

Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

D. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on sites that are linked to the Sites, including information providers, are those of the respective third parties, and not Cre8tiv Motion Studios. Cre8tiv Motion Studios does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Cre8tiv Motion Studios neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than an authorized Cre8tiv Motion Studios representatives acting in their official capacity.

General Terms and Conditions

A. MINIMUM AGE REQUIREMENTS: You must be 16 years of age or older to become a member.

B. PERSONALLY IDENTIFIABLE INFORMATION:

i. At certain points in using the Sites, you will be asked to provide information to us. Cre8tiv Motion Studios collects two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect may include but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number and your credit card number. Non-personally identifiable information we collect includes, but is not limited to, your email address, your weight, your height, and your eating and fitness preferences. For information regarding Cre8tiv Motion Studios's privacy policy see our privacy policy. You agree that you have read and understand this privacy policy and that you shall be bound by its terms and conditions as part of this Agreement.

ii. You agree that as part of the service provided on the Sites, you shall receive periodic email communications from Cre8tiv Motion Studios. You affirmatively consent to receive those emails without regard to any previous request you might have made to opt-out of receiving additional emails.

C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Cre8tiv Motion Studios shall be considered fully paid-up and royalty free. In addition, under no circumstances shall Cre8tiv Motion Studios have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Cre8tiv Motion Studios's business through a merger, sale, transfer or license of all or substantially all of the assets of Cre8tiv Motion Studios, nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.

None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Cre8tiv Motion Studios's part and we shall not be liable for any use or disclosure of any such Submission Materials.

D. ACCOUNTS, PASSWORDS and SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing Cre8tiv Motion Studios with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Cre8tiv Motion Studios that is untrue, inaccurate, not current or incomplete, Cre8tiv Motion Studios reserves the right to terminate this Agreement and your continued access and use of the Sites.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Cre8tiv Motion Studios immediately of any unauthorized use of your account or any other breach of security. Cre8tiv Motion Studios will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Cre8tiv Motion Studios or another party due to someone else using your account or password.

E. PROMOTIONS: Cre8tiv Motion Studios occasionally provides contests, sweepstakes, games and other Cre8tiv Motion Studios or third party promotions on its Sites. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

F. LIMITED LICENSE: Cre8tiv Motion Studios grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.

G. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not:

i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites;

ii. access the Sites by any means other than through the standard industry-accepted or Cre8tiv Motion Studios-provided or authorized interfaces;

iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;

iv. impersonate any person or entity, including without limitation, an Cre8tiv Motion Studios official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

v. post or transmit any material that contains a virus or corrupted data;

vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

vii. use any of the Sites' communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);

viii. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation information such as opinions or notices, commercial or otherwise;

ix. violate any applicable local, state, national or international law;

x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

xi. delete or revise any material posted by any other person or entity;

xii. manipulate or otherwise display the Sites by using framing or similar navigational technology;

xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Cre8tiv Motion Studios product or service if you are not expressly authorized by such party to do so; or

xiv. use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Cre8tiv Motion Studios's servers or networks, or interfere with any other user's use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems or networks connected to Cre8tiv Motion Studios through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.

H. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CRE8TIV MOTION STUDIOS AND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.

I. RELEASE: YOU AGREE THAT NEITHER CRE8TIV MOTION STUDIOS, NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).

J. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER CRE8TIV MOTION STUDIOS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL Cre8tiv Motion Studios'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).

K. GEOGRAPHIC LIMITS OF SERVICE: Cre8tiv Motion Studios makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside Canada, (excluding Quebec). Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Cre8tiv Motion Studios reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire. The Cre8tiv Motion Studios service and Website are not available or intended for use by residents of the province of Quebec, Canada.

L. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Cre8tiv Motion Studios, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.

M. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under this Agreement without Cre8tiv Motion Studios express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.

Cre8tiv Motion Studios may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.

N. MISCELLANEOUS TERMS AND CONDITIONS: This Agreement constitutes the entire agreement and understanding between you and Cre8tiv Motion Studios and governs your use of the Sites, superseding any prior agreements between you and Cre8tiv Motion Studios. This Agreement and the relationship between you and Cre8tiv Motion Studios shall be governed by and construed in accordance with the laws of the British Columbia, without regard to its conflict of law provisions. You and Cre8tiv Motion Studios irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the city of Vancouver, in the Province of British Columbia and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Cre8tiv Motion Studios to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by Cre8tiv Motion Studios of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

If you have any questions about the User Agreement, please send your query to:

Email: legalaffairs@cre8tivmotion.com

Cre8tiv Motion Studios Studios

Vancouver, BC

Canada