MyTrainer
Terms of Service
As of January 1, 2008
Please take the time to read this ENTIRE agreement (“Agreement”) governing your responsibilities (hereinafter, “you”, “your” or “user”) and use of the MyTrainer site ("MyTrainer, “Site”, "us", "our" or "we"). If you don't abide by this Agreement, it could result in termination of your MyTrainer Member account and/or may expose you to other liability.
To receive your own profile or channel from MyTrainer and use our Site you must agree to and follow the terms and conditions of service (the “TOS”). Unless specifically mentioned, the following statements apply to all MyTrainer partners and affiliates.
1. What You Are Agreeing To.
MyTrainer provides its Site and its service to you, subject to these TOS. Your use of the Site let's us know that you accept these TOS. MyTrainer reserves the right, in its sole and absolute discretion, to change this TOS at any time. Changes will be put up on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. MyTrainer will strive to let our users know that changes to this TOS have been made, but is in no way obligated to do so. MyTrainer may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. MyTrainer hereby specifically disclaims responsibility for your failure to read any third party terms of service.
2. Who Can Use MyTrainer.
Those that are of legal age to form a binding contract or otherwise have permission and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction can use this Site. In no such case are you qualified for our services if you are under the age of 13.
3. Your Registration Data.
To use MyTrainer you agree to: (a) provide true, accurate, current and complete information about yourself as requested by MyTrainer's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyTrainer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Reputation Management at MyTrainer.com has the right to suspend or terminate your account, remove your videos and content and refuse any and all current or future use of the Site (or any portion thereof).
4. A Description of Our Services.
MyTrainer manages and maintains the software and infrastructure of personalized profile and customized video channel portals for your and community use. You agree that in order to provide you this service and in order to keep it free, MyTrainer can place advertisements into any interface provided for by the MyTrainer software or the Site. This includes your channel, other channels and all MyTrainer created channel. Such advertisements are under MyTrainer’s sole and absolute control and may not be removed for any reason.
5. Harsh Words About Ownership of Content / Limited License to MyTrainer.
A. We consider all content uploaded to MyTrainer servers the property of the person who uploaded it. Therefore, you should ONLY upload content that you have created, you own, you have a license from a third party to upload the specific content on the internet, or content that is in the public domain. Content includes, but is not limited to: texts, images (both moving and still), photographs, music, and sounds. You assume all risk and responsibility for determining whether the content uploaded meets with the requirements of this paragraph.
B. You hereby grant MyTrainer a limited, non-exclusive, perpetual, worldwide license to encode, distribute, and display your content over the Site and to use such content for advertisement purposes as MyTrainer sees fit, in any medium, in its sole and absolute discretion, without any compensation to you. You represent and warrant that you are authorized to grant to MyTrainer all rights set forth in the preceding sentence. In order to revoke this license granted to MyTrainer, simply remove your content.
6. Harsh Words About Other Prohibited Content.
In exchange for your use of MyTrainer you also agree that you will not post profanity, offensive sexual content, attacks, comments or opinions about other people or things that slander, defame, threaten, insult or harass another person, content meant for proprietary gain, content that might identify another user without their permission, links to or advertisements for third party commercial websites, spamming material, viruses or corrupt files, other content that MyTrainer deems, in its sole and absolute discretion, to be inappropriate for this Site.
MyTrainer reserves the right to investigate and take appropriate action against anyone who, in MyTrainer’s sole discretion, violates this provision, including without limitation, removing the offending communication from the MyTrainer Site, terminating the Membership of such violators, and pursuing appropriate legal action. Prohibited Content on the Site includes, but is not limited to, Content that is:
1. offensive, racist, hate or threatens physical harm of any kind against any group or individual;
2. harasses another person;
3. exploits sex in a violent manner;
4. contains nudity;
5. solicits personal information from anyone;
6. provides personal information;
7. promotes false or misleading information;
8. promotes illegal activities;
9. promotes unauthorized copying of another person's copyrighted work;
10. Involves the transmission of "junk mail," or spam;
11. Involves commercial activities;
12. Includes a photograph of another person without that person's consent
7. Harsh Words About Other Prohibited Conduct That Interferes With the Site.
You cannot alter or unnecessarily interfere with the MyTrainer website. This includes, but is not limited to; using automated script programs to customize and aggregate our features and our user’s information, conduct which unduly burdens the MyTrainer servers and commercial conduct.
8. Your Use of the Site / Our Limitation of Liability.
You agree to manage and maintain content on the system in a legal and respectful manner that follows this TOS. You further agree that MyTrainer is not liable for content uploaded and distributed by you. MyTrainer hereby disclaims any liability from, including but not limited to, content posted by you that violates these TOS, violates federal or state copyright law, trademark law, patent or trade secret law, state privacy law and content that is otherwise libelous or defamatory.
9. Our Cancellation Policy.
You are free to cancel your MyTrainer account at any time. Cancellation requests must be sent via email from the contact address for the account to Cancellation@MyTrainer.com.
10. Our Termination of Service / Removal Policy.
We reserve the right to temporarily deactivate or permanently remove any MyTrainer account at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: lack of use, use inconsistent with these TOS, illegal use, and network or server abuse.
11. Another Limitation of Liability / Our Disclaimer of Warranties.
MyTrainer attempts to ensure that service and the Site are available at all times. However, service is provided "as-is" and “as available” Neither MyTrainer nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site, (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with MyTrainer service or Site, or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, MyTrainer makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user.
12. Our Notice Display Policy / Third Party Advertisements.
Any ’Powered by MyTrainer’ messages at the bottom of MyTrainer pages and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears. Failure to comply with this provision will also constitute grounds for account deactivation.
13. Our Server Downtime Policy.
While MyTrainer attempts to maintain it server up 100% of the time, we reserve the right to schedule routine maintenance on our servers. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above.
14. Some Words About MyTrainer Interface and Functionality.
MyTrainer strives to create a reliable, powerful and easy to use interface. As such MyTrainer reserves the right to make changes to the interface, functionality and capabilities of the system in order to optimize the service, increase functionality or insure server performance. MyTrainer will endeavor to notify users in a timely manner of any planned interface changes, or future functionality of the site that in development, but is under no obligation to do so. Some changes may be made without your consent or notification.
15. Your User Account, Password and Security.
You will receive a password and account designation upon completing the MyTrainer's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyTrainer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. MyTrainer cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
16. Important Privacy Info.
Information that you provide at registration, as well as certain other information about you, is subject to the MyTrainer Privacy Policy.
17. Indemnification.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MYTRAINER.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST MYTRAINER.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
18. The Law That Governs This / Miscellaneous.
This TOS shall be construed in accordance with the laws of the State of Texas, and you will agree to submit to jurisdiction to any action to enforce the terms herein in the federal or state courts of Montgomery County, Texas. The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of this TOS and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, otherwise, this TOS shall control.
19. This is the Entire Agreement About These TOS.
This TOS constitutes the entire Agreement relating to the TOS only between you and MyTrainer with respect to use of the Site. However, there may be other agreements found throughout our site that your acceptance to is necessary for your continued use (i.e. Director Members, Reputation Management Terms of Use). This TOS supersedes any prior agreements, oral or written, between you and MyTrainer relating to the TOS. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on MyTrainer.
You also may be subject to additional terms and conditions that may apply when you use affiliate or other MyTrainer services, third-party content or third-party software.
20. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
21. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. Section Titles.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. Report Violations.
Please report any violations of this TOS to MyTrainer at the following address:
violations@MyTrainer.com