Digital Millennium Copyright Act (DMCA) Notification Guidelines
All images displayed on this site are copyrighted to their respective owners/uploaders. The policy of ExerciseNutritionHub.com is to remove all images that violate copyrights. Please contact us to request that images be removed or to assign proper credit. The images displayed on this site may be used for free for educational purposes only. If you would like to use any of the images displayed on this site for any other purpose, please obtain permission from the owner. ExerciseNutritionHub.com does not have the rights to give you such permission. By submitting Picture(s) to ExerciseNutritionHub.com you agree that you have permission from the owner to use his/her picture(s) in your picture(s), or you own the rights yourself to the picture(s) that is (are) used in the picture(s)/photo(s) you submit. Some images on this site are taken from public forums that users submit.
ExerciseNutritionHub.com consists of a compilation of public information available on the internet. Files in the form of photos, recipes, exercise routines, along with other content, collected from multiple sources and we are NOT affiliated with the publisher of any of those sources, and we take no responsibility for materials inside those parts.
Exercisenutritionhub.com is an Online Service Provider under the DMCA and respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure.
We respect the intellectual property of others, and we ask our visitors to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. ExerciseNutritionHub.com will respond expeditiously to claims of copyright infringement that are reported to ExerciseNutritionHub.com. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, suspend and/or restrict the account/profile, or ability to access, visit, and/or use the services of Exercisenutritionhub.com for users who infringe the copyright rights of others, and we may choose to remove, delete, or disable access to content deemed to be infringing. In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.
If you are a Visitor or user of our Site, You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any image or content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any image or content on or through our site that cannot be exported without prior government authorization or notification, including without limitation certain types of encryption software.
Content that is provided by us, our licensors, vendors and/or service providers, including without limitation, photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of this Website, and all advertising within, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
Certain content may be made available to you on or through this Website for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such content is subject to the same terms, conditions, limitations and restrictions applicable to all content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such content only to the extent expressly authorized for the particular content, and you may not use such content in a manner that exceeds such authorization.
OFTEN ASKED QUESTIONS PERTAINING TO COPYRIGHT
Are recipes protected by copyright?
Copyright law does not protect recipes that are mere listings of ingredients and basic instructions. However, because many recipes include content beyond the ingredient list, copyright law may protect a description, explanation or photo that accompanies a recipe, as well as a collection of recipes, such as a cookbook. Collection of recipes are protected even if the individual recipes themselves are in the public domain.
You may post recipes of others on this website as long as you acknowledge the source of the recipe and, when in doubt as to whether the description is protected, post your own description or only the listing of ingredients and basic instructions. You should only post photos or illustrations that accompany recipes if you have permission from the owner. If you do not have permission, you should prepare the recipe and post your own photo of the dish. By posting a recipe and accompanying content on our website, you are representing to us that, to the best of your knowledge, the recipe and the content does not infringe the rights of another, and are granting to us permission to edit the recipe and to publish the recipe and the content on this website for others to use, copy, edit, and download. We reserve the right to remove a recipe from this website for any reason, including claims of copyright or trademark infringement.
Are exercise routines protected by copyright?
Title 17 of the U.S. Code extends copyright protection to original literary, dramatic, musical and artistic works. Exercise routines that fall within any of these categories may be registered with the U.S. Copyright Office. Copyright does not extend to ideas or concepts that have not been fixed in a tangible form.
Copyright protection is limited for exercise routines. The U.S. Copyright Office in June 2012 issued a statement of policy that it was limiting protection for exercise routines deemed lacking in original content. To pass muster, an exercise routine must constitute an original work of authorship as a whole and contain some elements related to choreograph or pantomime. The Copyright Office's intention is to limit registration for compilations of pre-existing exercise moves.
The Copyright Office's new statement of policy was issued with regards to yoga routines. The Copyright Office determined that many yoga routines being submitted for registration were merely compilations of yoga moves that were developed hundreds or thousands of years ago. As such, the Copyright Office stated that compilations of these moves could not be protected as the individual elements were all in the public domain.
Exercise routines have been allowed copyright protection in the past due to their similarity to choreographed dance routines. In issuing its statement of policy, the Copyright Office stated that particular poses or exercises are not copyrightable, but the portrayal of those poses in a film or original drawings or photos can be protected by copyright. Additionally, the Copyright Office stated that simple dance routines and steps cannot be protected, but an arrangement of those movements "into an integrated, coherent and expressive whole" can be considered a work of choreography eligible for protection.
For any exercise routine to be granted protection it needs to be an entirely new routine with elements of traditional choreography or pantomime rather than an amalgamation of existing exercise moves. Although the precise determination of what can be protected is arguable, entirely original, artistic and expressive exercise routines incorporating elements of choreography, along with any written description of an exercise process meant to achieve a specific goal, may potentially be eligible for protection with the Copyright Office.
Trademarks, along with their registered names, logos and art meant to represent a company or product (e.g. Beach Body, Insanity, P90X, Zumba, et al), cannot be represented by a business or product in such a way that it might confuse the public with those existing trademarks.
As a Visitor of ExerciseNutritionHub.com, you may post your exercise routines in our public forum as your own compilation of exercises. However, any exercise routine that may constitute the original work of any trademarked entity may be posted only if you can provide documentation from that entity granting permission to do so. By posting an exercise routine on our website, you are representing to us that, to the best of your knowledge, the routine does not infringe the trademark rights of another, and are granting to us permission to edit and to publish the routines on this website for others to use, copy, edit, and download. We reserve the right to remove any exercise routine from this website for any reason, including claims of copyright or trademark infringement.
DELIVERY OF TAKEDOWN NOTICE
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and if you have reason to believe that your work has been copied in a way that constitutes copyright infringement, or that our website contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing documentation that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay in processing the DMCA Notification.
IMPORTANT : MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR WEBSITE BEFORE SENDING THE NOTICE.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
Deliver all Takedown Notices to firstname.lastname@example.org .
Upon receipt of a valid Notice, ExerciseNutritionHub.com will process the claim, which may result in removing or disabling access to the allegedly infringing material, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. In appropriate circumstances, ExerciseNutritionHub.com will have the disputed material removed from public view, and will also notify the user or webmaster who posted the allegedly infringing material, which notification may include a complete copy of the Notice submitted regarding that material.
If you receive notice that material that you submitted has been removed by ExerciseNutritionHub.com pursuant to a Notice, and you believe that removal was in error or not pursuant to a valid copyright claim, you may seek to have the material replaced by submitting a Counter-Notice to ExerciseNutritionHub.com.
Counter-Notifications must be submitted by the original uploader or an agent authorized to act on their behalf, such as an attorney. After ExerciseNutritionHub.com receives your Counter-Notification, it will forward the Counter-Notification to the party who submitted the original claim of copyright infringement. Please note that when ExerciseNutritionHub.com forwards the notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. ExerciseNutritionHub.com will not forward the counter notification to any party other than the original claimant.
To be effective, Counter-Notices must contain substantially the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which ExerciseNutritionHub.com may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.