GYMYG
Terms Of Service - Members

Last updated July 1, 2023

Please read this legal document carefully. GYMYG provides an online fitness community and related products, services, content, and features. By registering as a member, or by visiting, browsing, or using the GYMYG service in any way, you accept and agree to be bound by these terms of service (“Terms”), which forms a binding agreement between you and GYMYG.

If you do not wish to be bound by these terms, you may not access or use the GYMYG service. Certain elements of the GYMYG service may be subject to additional terms and conditions specified from time to time. Your use of those elements is subject to those additional terms and conditions.

1. Eligibility Requirements

You must be at least 18 years old to use the GYMYG service.

We may, in our sole discretion, refuse to offer the GYMYG service to any person or entity, and change the eligibility criteria at any time. You are solely responsible for ensuring that these terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the GYMYG service is revoked, for these terms where use of the GYMYG service is prohibited or conflicts with any applicable law, rule, or regulation. 

2. License to use the GYMYG service.

Subject to your compliance with these terms and solely for so long as you are permitted by us to do so, GYMYG grants a limited, non-transferable, non-exclusive, revocable rights, and license to access and use the GYMYG service for your own personal, non-commercial purpose, a right, which may not be assigned or sub licensed to anyone.

This license includes the right to view content available on the GYMYG service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect, unless and until you violate these terms, or this license is terminated by you or GYMYG.

 

Restrictions: except as expressly permitted in writing by an authorized representative of GYMYG, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble, the GYMYG service, nor will you take any measures to interfere with or damage the GYMYG service. Unless otherwise specified, copying, or modifying any content or using content for any purpose, other than your personal, non-commercial use of the GYMIG service, including use of any such content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by GYMYG in these terms are reserved.

GYMYG reserves the right to modify the service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any content or features of the GYMYG service at any time, and in its sole discretion. You are responsible for providing your own access to the GYMYG service. GYMYG has no obligation to screen or monitor any content and does not guarantee that any content available on the service is suitable for all users, or that it will continue to be available for any length of time. GYMYG provides the service on an “as is” and “as available” basis. You therefore use the GYMYG service at your own risk. Other than as expressly provided in writing by GYMYG in connection with your use, to the extent permitted by law GYMYG, expressly disclaims any and all warranties of any kind, whether expressed or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any other warranty that might arise under any law. 

3. Privacy

Your use of GYMYG is subject to our PRIVACY POLICY, which will be updated to detail what information we may collect about you, what we use that information for, and with whom we share that information.

4. Impersonation / Registration

To enjoy full access to the GYMYG service, you must register as a member. Any registration information you provide to GYMYG must be complete and accurate.  You must notify us if any of your information changes. If you fail to keep your account information up-to-date, we may have to suspend or terminate your subscription.

Profile information: You may not use someone else’s name, or any name, location, other public profile, information, or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable in GYMYG’s sole discretion.

Account security: you are responsible for all activity that occurs under your accounts, including any activity by unauthorized users. You may not allow others to use your account. This includes furnishing your user name and password to third-party developed applications to connect to your account for any reason. If you become aware of unauthorized access to your account, change your password, and notify our support team immediately.

5. Termination and Account Deletion

GYMYG, may, in our sole discretion, suspend, disable, or delete your account or any part thereof or block or remove any user content that you submitted, for any lawful reason, including if GYMYG determines that you have violated these terms or that your content or user content intends to damage GYMYG’s reputation or goodwill.  

In the event of account deletion, for any reason, user content may no longer be available, and GYMYG is not responsible for the deletion or loss of content.  

Upon termination of these terms, all licenses granted by GYMYG will terminate and GYMYG will have no obligation to provide any services to you.  All other aspects of this agreement which are not related to the provision to further services survive.  

6. User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the GYMYG service: and “User Content” means any content that users, including you, provide to be made available through the GYMYG service. Content includes without limitation user content. Any user content, whether publicly posted, or privately transmitted, is the sole responsibility of the person who originated said shared content. You represent that all user content submitted by you, or on behalf of you is accurate, complete, up-to-date, and in compliance with these terms, and with all applicable laws, rules and regulations. You acknowledge that all content, including user content, accessed by you using the GYMYG service is at your own risk, and you will be solely responsible for any damage or a loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representation, warrantees, or guarantees with respect to any content that you access on or through the GYMYG service.

As between you and GYMYG, you represent that you own all user content that you submit to the GYMYG service, and that GYMYG will not need to obtain licenses from any third-party or pay royalties to any third-party in order to use such user content. You grant GYMYG a worldwide, perpetual, irrevocable, non-exclusive, sub-license, transferable, royalty free license, and right to use, copy, transmit, distribute, publicly perform and display through all media, now known or later created, edit, modify, and make derivative works from your user content, including without limitation translations for any purpose whatsoever, commercial, or otherwise, without compensation to you. In addition, you waive any so-called moral rights or right of privacy or publicity in your user content. You further grant all users of the GYMYG service permission to view your user content for their personal, non-commercial purposes. If you make suggestions to GYMYG or through the GYMYG service about improving or adding new features to the GYMYG service, or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to GYMYG a worldwide, perpetual, irrevocable, non-exclusive, sub-license, transferable, royalty free license, and right to use, copy, modify, create derivative works based upon, and otherwise exploit your suggestions, feedback, reviews, and testimonials for any purpose, including for marketing, without any notice, compensation or other obligation to you. You can remove your user content by specifically deleting it. However, in certain circumstances, some of your user content, such as posts, or comments you make may not be completely removed and copies of your user content may continue to exist on the GYMYG service. We are not responsible or liable for the removal or deletion of any of your user content.

7. Prohibited Uses

You agree not to do any of the following:

  • Infringe, misappropriate, or violate any copyrights, trademark, trade, secret, moral rights, or other intellectual property rights, or right of publicity or privacy.

  • Violate, or encourage any conduct that would violate, any applicable law or regulation, or would give rise to civil liability

  • Engage in any fraudulent, false, misleading, or deceptive conduct.

  • Engage in any defamatory, obscene, pornographic, vulgar, or offensive conduct.

  • Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group

  • Engage in or promote violence or actions that are threatening to any person, animal, or entity

  • Exploit minors

  • Promote illegal or harmful activities or substances

  • Violate or circumvent any of GYMYG’s published guidelines or policies.

Although we are not obligated to monitor access to or use of the GYMYG service or content, or to review or edit any user content, we have the right to do so for the purpose of operating the GYMYG service, to ensure compliance with these terms, to comply with applicable law or other legal requirements, and to maintain the integrity and reputation of the GYMYG service and GYMYG systems. We reserve the right, but are not obligated, to remove or disable access to any user content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any user content to be objectionable or in violation of these terms. We have the right to investigate violations of these terms or conduct that affects service. We may also consult and cooperate with law-enforcement authorities.

8. Member interactions, dealing with third parties.

When interacting with other GYMYG members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence, or personal business dealings with any third-party found on, or through the GYMYG service, whether regarding payment or delivery of specific goods and services, are solely between you and such third-party. You agree that GYMYG is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as a result of such dealings.

There may be links on the GYMYG service that let you leave the particular service you are accessing in order to access a link that is operated by a third-party. GYMYG neither controls, nor has GYMYG reviewed or approved the content that appears on them. GYMYG is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from any such third-party sites. You acknowledge and agree that GYMYG is not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged, because of or in connection with the access or use of any of the links, contents, goods or services available on or through these third-party sites.

9.  Indemnification.

You agreed to indemnify, defend and hold harmless GYMYG and its directors, officers, employees, and agents, from an against all claims, damages, losses, and costs that arise from or relate to your activities on the GYMYG site, any user content submitted by or on behalf of you, or, your violation of these terms.

10.  Limitation of liability.

To the fullest extent permitted by law, GYMYG shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer, damage, system, failure, and ability to use the GYMYG service or content, or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose. GYMYG’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to GYMYG over the 12 months preceding the date your first claim arose.  

11.  Safety warnings

The GYMYG service offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before beginning a new fitness program. You should not rely on this information as a substitute for, nor does it replace, professional, medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner, or other healthcare, professional. Do not disregard, avoid, or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the GYMYG site or heard on the GYMYG service. The use of information provided through the GYMYG service is solely at your own risk and is not medical or healthcare advice. Nothing stated or posted on the GYMYG site, or available through any GYMYG service is intended to be, and must not be taken to be, the practice of medical or counseling care. For the purposes of these terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis, or advice. The GYMYG service is continually under development, and, to the full extent permitted by law, GYMYG makes no warranty of any kind, implied, or expressed, as to its accuracy, completeness, or appropriateness for any purpose. In that regard, developments in medical research may impact a health, fitness, and nutritional advice that appears here. No assurance can be given that the advice contained in a GYMYG service will always include the most recent findings or developments with respect to the particular material.

When you engage in any GYMYG activity, you affirm the following are true:

  • No physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities specifically recommended by a physician or general practitioner

  • You have never felt chest pain when engaging in physical activity.

  • You have never lost your balance because of dizziness or lost consciousness.

  • You do not have a bone or joint problem that could be made worse by a change in your physical activity.

  • Your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition.

  • 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

  • You do not know of any reason why you should not exercise.

GYMYG reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or is risky or that the representations set forth above or untrue in any respect

12.  Intellectual property.

You acknowledge that the GYMYG service contains software, and other content that is protected by copyright, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies, existing now or hereafter developed. All GYMYG generated content, and content provided to GYMYG by its partners and license services, is copyrighted individually and/or as a collective work under the US copyright laws, and all applicable international copyright or equivalent laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and GYMYG, GYMYG owns intellectual property rights in the selection, coordination, arrangement, and enhancement of all content, in the GYMYG service.

GYMYG respects the intellectual property of others, and we ask or users to do the same. Each user is responsible for ensuring that their user content does not infringe on any third parties right or other intellectual property rights. If you believe that the GYMYG service or any content contained therein infringes upon or misappropriates your copyrights or other intellectual property rights, or the intellectual property rights of others, please go to the GYMYG intellectual property and DMCA policy for directions on how to report it to us.

 13. Dispute Resolution

You agree that before initiating any dispute proceeding, we will attempt to negotiate an informal resolution of any dispute.  To begin this process, before initiating any arbitration proceeding, you must send a notice of dispute (“Notice”) by certified mail to the attention of GYMYG’s legal department at the GYMYG address set forth within these terms. In the notice, you must describe the nature and basis of disputes and the relief that you are seeking. If we are unable to resolve the dispute within 45 days after GYMYG’s receipt of the notice, then you or GYMYG may initiate judicial or arbitration proceedings.  The parties agree that any such proceedings will take place in-person or virtually in Los Angeles county, or another venue that is agreed-upon by both parties.

14. Interpretation; severability; waiver; remedies.

Headings are for convenience only, and shall not be used to construe these terms. If any term of these terms is found, invalid or unenforceable, by any court, that term will be severed from these terms. No failure or delay by GYMYG and exercising any right here under will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GYMYG. GYMYG’s rights and remedies hereunder are cumulative and not exclusive.

15. Successors; assignment; no third-party beneficiaries

These terms are binding upon and will be to the benefit of both parties, and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these terms without GYMYG’s prior written consent. GYMYG may assign its rights, obligations, and/or these terms at any time in its sole discretion without notice to you.

 16.  Notices.

You consent to receive all communications, including notices, agreements, disclosures, or other information from GYMYG electronically. GYMYG may communicate by email, or by posting to the GYMYG service. For support related inquiries you may email support@gymyg.fit. For all other notices to GYMYG write to the following address:

GYMYG
5632 Van Nuys Blvd., Unit #3078
Sherman Oaks, CA 91401

Nothing in these terms, or otherwise limits GYMYG’s right to object to subpoenas, claims or other demands.

17.  Modification.

We may update these terms at any time in our sole discretion. If we do, so, we will let you know by, at a minimum, posting the updated terms, as indicated by revised “last updated” date at the top of this page on the GYMIG app and/or through the GYMYG service. Modifications will be effective on the date that they are posted on the GYMYG app. It is important that you review the terms whenever we update them before you use the GYMYG service. If you continue to use the GYMYG service after we have posted updated terms, you are agreeing to be bound by the updated terms. If you don’t agree to be bound by the updated terms, then you may no longer use the GYMYG app. Because the GYMYG service is evolving overtime, we may change or discontinue all or any part of the GYMYG service, at any time without notice, at our sole discretion.

18.  Entire agreement.

These terms represent the entire understanding between GYMYG and you regarding the GYMYG service or content, and supersede all prior agreements and understandings regarding the same. If any provision of these terms is held invalid, or unenforceable by an arbitrator, or a court, that provision will be enforced to the maximum extent permissible, and the other provisions of these terms will remain in full force and effect.  In the event of a conflict between any policies posted on the GYMYG app and these terms, these terms will control.