Thank you for using our product. The Service is provided by ("provider"): Skye Tech Limited, registered number 14303452, with offices at 2 Dawson Street Heywood, OL10 4ND, England. By using our Services, you are agreeing to these terms.
These Terms and Conditions of Use shall be governed by, and interpreted and enforced in accordance with the laws of England and Wales applicable therein. Any claim, dispute or controversy shall be brought before the competent courts of London, and the parties attorn to the jurisdiction of such courts. This provision shall survive the termination of your right to use this Site.
The Site and the Service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "provider" or "service") are offered under the terms and use stated in this Terms of Use (these "Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered user, or the user of a MyFitnessPortal ("you" or "your"), you agree to the Agreement. You agree the Agreement is a binding contract between you and Skye Tech Limited. ("provider", "we"). If you do not wish to be bound to these Terms, then immediately stop using the Site and the Service.
You agree that no contract or agreement is formed and you have no rights to the Service, unless and until provider has agreed to provide you the Service. You agree that provider may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if provider otherwise notifies you of such amended or modified terms. You agree that, if you use the Site and/or the Service after provider so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service.
We may refuse any application to use the Services for any reason whatsoever.
To be able to use our Services, you are required to create an account with us. In order to create an account, we require you to provide information about yourself: your email address and a password, as well as your name, surname and IBAN or credit/debit card details.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
Provider is pleased to grant you a non-exclusive limited license to use the provider Services, including accessing and viewing the Content on a streaming-only basis through the site, for personal, non-commercial purposes as set forth in these Terms.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
The Content: You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by provider in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by provider in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by provider. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by provider in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Availability: The availability of the Content will change from time to time, and from country to country. The quality of the display of the Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Provider makes no representations or warranties about the quality of your instant watching experience on your display.
Geographic Limitation: You may instantly watch the Content through the provider service only in geographic locations where we offer our service and have licensed Content. The content that may be available to watch will vary by geographic location. Provider will use technologies to verify your geographic location.
To use the Services, any device that you want to use it on shall meet the minimum requirements of the Site, i.e.: connection to the internet, web browser, JavaScript, Shockwave, Flash.
During the term and for Member Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that provider elects to provide to Member Users generally (collectively, the “Support Services”). Support Services are only provided during provider's regular business hours and exclude weekends and provider's holidays. Provider may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email or through a live chat system. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. Provider has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If provider, in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms.
During your registration, you may be offered a 3 day trial period. If you cancel your account within the 3 day trial period, you will only see the verification charges and their corresponding refunds in your statement (if any were taken). If you do not cancel your account within this time, your account will be automatically extended to a paid account at the monthly cost listed in the promotion terms.
During the registration to MyFitnessPortal, you may also get the option to instantly purchase a paid account at the cost listed on the website. Your account will be charged with the monthly fee immediately, with no free-of-charge period included, and the monthly charges will continue automatically until your account is canceled.
By starting your MyFitnessPortal membership, either by selecting a 3 day trial or making the instant purchase of a paid account, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the provider service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).
You can use the following Payment Methods: Credit/debit card or bank account (depending on promotion types).
Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. In some cases your billing date may change between months.
Membership charges are fully earned upon payment. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. All the herein mentioned prices and charges shall be considered gross prices, and contain all the taxes, however they do not contain any commissions or charges you may incur in connection with the particular chosen Payment Method. If you choose to use the particular Payment Method, you declare acknowledgement and consent to its terms and use, and you accept making payment in this manner. Provider, within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their terms and use. If the Payment was not accepted because of any reasons attributable to provider, please contact us via e-mail address: support@MyFitnessPortal.net. By the acceptance of hereby Terms of Use, you declare that all the payments shall be made with the funds from a legitimate source. By the acceptance of hereby Terms of Use, you consent to pass your personal data (i.e.: name, surname, address, phone, e-mail address and card/bank account number) to the provider of any Payment Method you chose, for the purpose of making the payment. Please note that if a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the paid account services until we have successfully charged a valid Payment Method.
Internet Access Charges: You are responsible for any costs you incur to access the internet.
3 day trial: If you are eligible, and have signed up for a 3 day trial, your Payment Method will be authorized for up to approximately one month of service during 3 day trial period; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your 3 day trial period. We may also periodically authorize your card or bank account in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the provider website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Credit/debit card registration
n order to increase the safety and security of every customer who uses our services, MyFitnessPortal may post a verification charge to your credit or debit card, with an amount of 1 EUR. Please note these charges will be automatically refunded to your account and are exclusively for the purpose of validating the customers payment method. These verification charges may occur within the first 30 days of the registration period, as well as at any point during the duration of the service. MyFitnessPortal may request the customer to enter this variable amount in order to verify that he is the legitimate and authorized account holder. Should you have any questions related to these charges, please contact us via MyFitnessPortal.net or email us at: support@MyFitnessPortal.net. If you have signed up for a 3 day trial and do not cancel your account within the 3 day trial period, your account will automatically be extended to a paid account. If you have made an instant purchase of a paid account, your account will be charged immediately, and the monthly charges will continue automatically.
Just after a successful registration you will immediately receive a confirmation email containing the details of your subscription:
name of the site
subscription price
duration of the subscription
login details
date and time of renewal
renewal price
duration of the renewal
your e-mail
Unsubscribe instructions
We may, at our discretion, offer promotional incentives, such as a 3 day trial period, which are subject to different terms and conditions from these Terms. Any additional or different terms will be disclosed to you at the time of registration. You are solely responsible for reading any supplemental terms that may apply to the promotion.
Only during the stated promotional period will promotional expenses be applicable. Your monthly or annual Premium Plan will automatically renew at the end of the promotional period, and your Monthly or Annual Premium Cost will be due at the end of the following Billing Period.
For promotional purposes, we may use third party partners to run different offers. Some of these offers may be subject to different terms and conditions from these Terms. Any additional or different terms will be disclosed to you at the time of registration. You are solely responsible for reading any supplemental terms that may apply to the promotion.
You may cancel your MyFitnessPortal membership at any time and you will continue to have access to the MyFitnessPortal service through the end of your monthly billing period. Please note that you must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. To cancel your account you may go to your account settings and choose cancel account. You may also contact us on MyFitnessPortal.net, or at the email received during signup.
If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period – this means that you will have continued access to MyFitnessPortal for the remainder of that period, but you will not receive a refund.
FRAUD & UNAUTHORIZED USE: MyFitnessPortal is concerned with your security and protects you from fraud. In the event of a charge to your account that you do not recognize, have not authorized, and that is not related to yourself neither directly nor indirectly, MyFitnessPortal will reimburse you for the full amount. In case you experience a fraudulent charge on your account, please contact our support team: support@MyFitnessPortal.net
No-refunds: Please note that payments are non-refundable and we do not provide refunds for any partial-month membership periods or unused services. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (”credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Provider will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Upon any termination or suspension, any content, materials or information (including user submissions or translated content) that you have submitted on the site or that which is related to your account may no longer be accessed by you. Furthermore, Provider will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Provider will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Upon any termination or suspension, any content, materials or information (including user submissions or translated content) that you have submitted on the site or that which is related to your account may no longer be accessed by you. Furthermore, Provider will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
You are entitled to complain about the Services. Any complaints shall be sent to the e-mail address: support@MyFitnessPortal.net with a short description of reasons for the complaint. Each received complaint shall be considered within 14 working days, and you shall be informed about the outcome of its investigation.
You and other users must use the provider Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the provider Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the provider Services in a way that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;uses technology or other means to access, index, frame or link to the provider Services (including the Content) that is not authorized by provider (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the provider Services);
involves accessing the provider Services (including the Content) through any automated means, including ”robots,” ”spiders,” or ”offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the provider Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the provider Services, including provider's servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the provider Services (including the Content);
uses the provider Services to advertise or promote services that are not expressly approved in advance in writing by provider;
collects personally identifiable information in violation of provider's Privacy Policy;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by provider;
interferes with any other party's use and enjoyment of the provider Services;
attempts to do any of the foregoing.
Accordingly, you undertake that:
you will stream and watch Content for personal, private use only (and not for any direct or indirect commercial purpose);
you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content;
you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Content or part of the means by which we stream the Content to you.
We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the provider Services (including the Content and the devices through which the provider Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that provider may do so in provider's sole discretion. You also agree that provider will not be liable to you for any modification, suspension, or discontinuance of the provider Services, although provider may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if provider terminates your account or suspends or discontinues your access to provider Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
All Content is owned by the provider (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. The materials may not be used except as provided for in these Terms, and any other relevant terms and use provided to you without our prior written permission.
You acknowledge and agree that certain Content provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
The Site or Services may provide links to websites other than MyFitnessPortal. Such links are provided for reference only, and provider neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Provider is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
Provider, the provider logo and all other provider product or service marks are trademarks of provider. All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any license or right to use, alter or remove such material.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Myfitnessportal instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. Myfitnessportal is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Myfitnessportal videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Myfitnessportal, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Myfitnessportal, or any person or entity involved with Myfitnessportal, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
In no event shall Myfitnessportal, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of Myfitnessportal secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Myfitnessportal is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Myfitnessportal shall not be liable for Content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by Myfitnessportal or any of its employees. Myfitnessportal is not responsible for any third party Content on the Service or third party web page accessed from the Service, nor does Myfitnessportal warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.
No communication of any kind between you and Myfitnessportal or a representative of Myfitnessportal shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.
Myfitnessportal reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.
Provider will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Provider infrastructure or connectivity to the internet or failure at an provider co-location facility (each a ”Force Majeure Event”). Upon the occurrence of a Force Majeure Event, provider will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that provider may reasonably require to recover from the effects of such Force Majeure Event.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. PROVIDER AND ITS SUPPLIERS PROVIDE THE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL: MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.
Beneficiaries: You are not a beneficiary of any obligation provider owes to a third party, and no other person is a beneficiary of any obligation provider owes to you.
Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and provider as a result of the Agreement, or the use of the Site or Service.
Indemnification: You agree to indemnify and hold provider, its owners, subsidiaries, affiliates, officers, directors, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the use of the Site and/or Service.
Severability: If any provision of the Agreement is held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision shall be struck and the remaining provisions shall be enforced.
No Waiver: Provider's failure to act with respect to a breach by you or others does not waive provider's right to act with respect to subsequent or similar breaches.
No Assignment: You may not assign or transfer any right or duty under the Agreement, including, without limitation, the Service, and any attempt to the contrary is void.
Integration Amendment: The Agreement is the entire understanding and agreement between you and provider with respect to the subject matter hereof. When in conflict, these Terms control over other provisions of the Agreement. Except as specified herein, no amendment may be made to the Agreement unless the same is in writing and signed by an authorized representative of provider.
Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
Copies: A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This agreement shall be governed by and construed in accordance with the laws of England and Wales.
All legal disputes related to card processing are handled under English Law.