Last updated: 10 December 2019
Welcome to MyViTrend (“MyViTrend” or the “Platform”).
By accessing or using the Service you agree to be bound by these Terms. You understand and agree that we will treat your access or use of the Service as acceptance of the Terms from that point onwards.
MyViTrend is a video-only, technology platform.
Our Service Provider
The entity providing the Service is ViTrend Ltd, a company incorporated and registered in England and Wales. Registered Number: 12104361, located at Manchester, UK. (Referred to as “ViTrend”, “we”, “us”, or “our”).
From time to time we may need to contact you. We will do this either through an email address that you have provided to us or through the MyViTrend App.
Changes to the Terms
MyViTrend reserves the right to modify these Terms from time to time, for instance when we update the functionality of our Service or for legal, regulatory or security reasons. We will use commercially reasonable efforts to provide reasonable notice to all users of any material changes to these Terms, such as through a notice on our Platform and website, however, you should look at the Terms regularly to check for such changes. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not agree to the modified terms, you should remove any content you uploaded and discontinue your use of the Service.
Who may use the Service
You may use the service if you are at least 13 years old. Parental or guardian consent is required if you are under the age of 16 so please ensure that any parent or guardian reads and accepts the Terms with you. By using the Service you represent and warrant that you are at least 16 years of age or that you have necessary parental consent and that you have the right, authority and capacity to enter into these Terms and to comply with these Terms.
Your Account with Us
In order to access or use some of our Services, you are required to create an account with us. When you create this account, you must provide accurate and up-to-date information. In order to keep any information that you provide to us current and complete, it is important that you maintain and promptly update your details and any other information you provide to us.
It is important that you keep your account password confidential and that you do not disclose it to anyone you know or to any other third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us through the MyViTrend App.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
MyViTrend reserve the right to disable or terminate your user account at any time, including if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Service or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Service again, and would like your account deleted, we can take care of this for you. Please contact us via the App, and we will provide you with further assistance and guide you through the process. Please be minded that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Your use of our services
You may only download, install and use the Platform on a device that you own or have permission to use for these purposes. You will be responsible for complying with these terms and for any use that is made of the Platform on another device, whether or not you own the device and/or if such use is with your knowledge or consent.
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”).
Content may be provided to the Service and distributed by our users and MyViTrend is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms or the law, you can report it to us through the MyViTrend App.
Your access to and use of the Service is subject to these Terms and all applicable laws and regulations. You may not:
· access or use the Services if you are not over 13 or otherwise able to agree to these Terms;
· to the greatest extent permitted under applicable law, make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof;
· distribute, license, transfer, or sell, in whole or in part, any part of the Service or any derivative works thereof;
· market, rent or lease the Service for a fee or charge, or use the Platform to advertise or perform any commercial solicitation; use the Service, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
· interfere with or attempt to interfere with the proper working of the Service, disrupt our website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
· incorporate the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Service in our sole discretion;
· use automated scripts to collect information from or otherwise interact with the Service;
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
· intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age by any means;
· use or attempt to use another’s account, service or system without authorisation from MyViTrend, or create a false identity on the Platform;
· use the Service to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; material that, in the sole judgment of MyViTrend, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose MyViTrend, the Service or its users to any harm or liability of any type.
MyViTrend reserves the right, at any time and without prior notice, to remove or disable access to content, in whole or in part, at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Service or our users.
Permissions You give to Us
As part of our agreement and your use of the Service, you agree to give us the necessary permissions that we need in order to provide the Service.
We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not have or claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ad. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.
You agree that we can download and install updates to the Service on your device. We may collect technical data about your device. By using the Service, you agree to us collecting and using technical information about the devices you use the Service on and related software, hardware and peripherals to improve our Service and products.
You give us permission to access your phone’s location data to enable us to provide the Platform in your chosen language.
Limitation of Liability
Nothing in these Terms is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
To the extent permitted by applicable law, MyViTrend will not be responsible for:
4. any personal injury or death caused as a result of you or any user undertaking the workouts or using the Service. You recognise that should you undertake any of the fitness content and workouts featured on the app you do so entirely at your own risk.
If any term of this Agreement is found to be illegal or is not enforceable for any reason, then that provision will be removed from the Terms and will not affect any other provision.
ViTrend may transfer all or part of this Agreement to any affiliate or, if MyViTrend is sold, to any third party.
If you do not comply with these Terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as any right to take action in the future).
You and MyViTrend irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.