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Gymslee terms of use

  1. User's Acknowledgment and Acceptance of Terms Gymslee (referred to as "us" or "we") provides the gymslee.com site and various related services (together referred to as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on Gymslee, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those described in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. BY COMPLETING THE SIGN-UP PROCESS AND/OR USING GYMSLEE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH GYMSLEE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH GYMSLEE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF GYMSLEE. These Terms of Use are effective as of July 28, 2020. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review Gymslee and these Terms of Use periodically and to be aware of any modifications. Your continued use of Gymslee after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. ACCESS TO GYMSLEE CONTENT IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE CONTENT AVAILABLE ON GYMSLEE WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN. As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering Gymslee and/or its contents. A Trainer is any User who accepts the conditions and provisions setforth in the Trainer Terms and participates in the uploading of Trainer Content. Trainer Content is defined as approved video and related media or posts to Gymslee’s platform and made available for purchase by Users.
  2. Description of Services We make various services available on Gymslee including, but not limited to, access to video content uploaded, provided, and licensed by Gymslee and/or its Affiliates. Fees for the various services are set out in the payments and service fees described elsewhere in Gymslee. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access) and any other potential equipment recommended or required by a Trainer. We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on Gymslee shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through Gymslee may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the class of the use of Gymslee, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on Gymslee are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
  3. Sign-Up Data and Privacy In order to access most of the services on Gymslee, you will require either a Trainer or User account and password that can be obtained by completing our online sign-up process, which requests certain information and data ("Sign-Up Data") and maintaining and updating your SignUp Data as required. By registering, you agree that all information provided in the Sign-Up Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You also grant us the right to disclose to third parties certain Sign-Up Data about you. The information we obtain through your use of Gymslee, including your Sign-Up Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
  4. Payments & Service Fees The price applicable to a video will be the price at the time you complete your purchase of the video (at checkout). Any price offered for a particular video may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users. The prices of classes on Gymslee are determined and subject to the provisions in our Trainer Terms We do not enable users to see pricing in other currency. If you are a user located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout. If you subscribe to a service on Gymslee that requires payment of a fee, you agree to pay all fees associated with such service. When you make a payment, you agree to use a valid payment method. For all charges for services on Gymslee, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within three (3) days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. If your payment method fails and you still get access to the class you are enrolling in, you agree to pay us the corresponding fees within ten (10) days of notification from us. We reserve the right to disable access to any class for which we have not received adequate payment. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. You agree to pay the fees for videos that you purchase, and you authorize us to charge your debit or credit card for those fees. Gymslee works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
  5. Conduct on Site Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through Gymslee, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information that:
    1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
    2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    6. Impersonates any person or entity, including any of our employees or representatives.
    We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through Gymslee. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on Gymslee infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  6. Third Party Sites and Information Gymslee may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
  7. Intellectual Property Information Copyright (c) 2020 Gymslee All Rights Reserved. Gymslee is a platform that allows anyone to create and share trainer content (i.e. workout or training videos). The open market platform means that we do not review or edit any videos for legal issues, nor are we able to render a decision as to the legality of any trainer content. It is important that all trainers and users respect and adhere to any and all intellectual property laws. For purposes of these Terms of Use, "trainer content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on Gymslee is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Gymslee and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any videos, documents, media content or information from Gymslee in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on Gymslee. Any unauthorized use of the materials appearing on Gymslee may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, Gymslee will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on Gymslee infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. The following are registered trademarks, trademarks or service marks of Gymslee. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Gymslee or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Gymslee or its Affiliates. Gymslee
  8. Use of Your Materials Subject to our Privacy Policy, any communication or material that you transmit to Gymslee, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same. If you or any user of Gymslee believes its copyright, trademark or other property rights have been infringed by a posting on Gymslee, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
    2. Identification of the copyrighted work claimed to have been infringed;
    3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
    4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law;
    6. 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 infringing.
    Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement:
    Ray Balcanu
    PO BOX 30456
    Fort Lauderdale, FL 33303

    gymslee.com     You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
  9. Disclaimer of Warranties ALL MATERIALS AND SERVICES ON GYMSLEE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. GYMSLEE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT GYMSLEE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT GYMSLEE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH GYMSLEE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH GYMSLEE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH GYMSLEE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. Content available through Gymslee often represents the opinions and judgments of an information provider, site trainer, site user, or other person or entity not connected with Gymslee. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Gymslee spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of Gymslee for further information, which policies are incorporated by reference into these Terms of Use. In addition, the materials on Gymslee may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items ("Forms"). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will Gymslee or its Affiliates be liable for any losses or damages caused by your reliance on information or advice obtained through Gymslee, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through Gymslee. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through Gymslee. We do not review or control any trainer content. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Trainer Services accessible from our websites, apps, software, or any other element of the Gymslee. There is no implied affiliation, endorsement, or adoption by Gymslee of these Trainer Services, and we shall not be responsible for any content provided on or through these Trainer Services. You should read the trainer terms and privacy policies that separately apply to these Terms of Use. Certain opinions, advice, statements, or other information, including without limitation, food, nutrition, and exercise data, may be made available by third parties through or in connection with the Gymslee platform ("Trainer Content"). This Trainer Content belongs to the respective authors or providers of the applicable Trainer Content and these authors and providers are solely responsible for the Trainer Content they provide in connection with the Gymslee. GYMSLEE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY TRAINER CONTENT ON THE SITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A TRAINER AS PART OF ANY TRAINER CONTENT. UNDER NO CIRCUMSTANCES WILL GYMSLEE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON TRAINER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY TRAINER IN CONNECTION WITH THE SITE. IMPORTANT NOTICE ABOUT ANY FITNESS AND NUTRITION CONTENT POSTED BY TRAINERS OR AFFILIATES Gymslee is not responsible for any representations made by Trainers or Affiliates. Gymslee is a nonexclusive platform and DOES NOT conduct any background checks, licensing or education verification or any other method of regulation as it pertains to the Trainer’s expertise, knowledge, or safety to accept Trainer terms and classification to upload media content or advice. Although Gymslee is a platform with a focus on empowering others to provide products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by a Trainer, and obtain appropriate authorization before accessing or using any available Services on Gymslee, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL CONTENT OR MEDIA PROVIDED ON GYMSLEE IS FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through a Trainer should not be relied upon when making medical or other important healthcare decisions. GYMSLEE DOES NOT PURPORT TO ENDORSE OR PARTAKE IN ANY TRAINER REPRESENTATIONS REGARDING SERVICES OFFERED OR MADE AVAILABLE. YOUR USE OF SERVICES ON GYMSLEE DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND GYMSLEE OR YOU AND ANY TRAINER OR AFFILIATE THROUGH GYMSLEE. Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any Services available on Gymslee may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Gymslee and its Affiliates from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any services available through Gymslee website. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  10. Limitation of Liability Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of Gymslee shall be limited to the amount you paid us for the services on the site during the twelve (12) month period before the act giving rise to the liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF GYMSLEE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM GYMSLEE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH GYMSLEE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH GYMSLEE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  11. Indemnification Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of Gymslee. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
  12. Participation in Promotions From time to time, Gymslee may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on Gymslee. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
  13. E-mail Services We may make e-mail services available to users of our site, either directly or through an Affiliate provider. We will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
  14. Use of Site and Storage of Material You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through Gymslee. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. We provide storage space and access for material through our site. For purposes of these Terms of Use, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use Gymslee to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Your Conduct on the Site" above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities. Gymslee is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data, or Signup Data.
  15. Security and Password You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
  16. Export Controls Software available on or through Gymslee is subject to United States Export Controls. No software from Gymslee may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  17. International Use Although Gymslee may be accessible worldwide, we make no representation that materials on Gymslee are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access Gymslee from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with Gymslee is void where prohibited.
  18. Termination of Use You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on Gymslee immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Gymslee. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
  19. Governing Law Gymslee (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing Gymslee both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of Gymslee and the purchase of products and services available through Gymslee. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Circuit Court of Broward County, FL, and the United States District Court for Southern District of Florida with respect to such matters.
  20. Notices All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at , if by e-mail, or at Gymslee, PO BOX 30456 Fort Lauderdale, FL 33303, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Sign-Up Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.
  21. Entire Agreement These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with Gymslee is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
  22. Miscellaneous In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to anyone party, and anyone purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of Gymslee, or use of or access to Gymslee. In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
  23. Contact Information Except as explicitly noted on Gymslee, the services available through Gymslee are offered by Gymslee, a Florida limited liability company, located at PO BOX 30456 Fort Lauderdale, FL 33303. Our telephone number is 954-237-6430. If you are a Florida resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at P.O. Box 6700 Tallahassee, FL 32399-6700, or by telephone at 1-800-HELP-FLA (435-7352). If you notice that any user is violating these Terms of Use, please contact us at .
  24. Dispute Resolution If there’s a dispute, our support team is happy to help resolve the issue. If that doesn’t work and you live in the United States, your options are to file a claim pursuant to Section 19 or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
    1. Going to Arbitration If we can’t resolve our dispute amicably, you and Gymslee agree to resolve any claims related to these Terms of Use (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
    2. The Arbitration Process Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of ConsumerRelated Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing must be in-person.
    3. No Class Actions We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this "No class actions" clause isn’t enforceable or valid, then this "Dispute Resolution" section will be null and void, but the rest of the Terms will still apply.
    4. Changes Not withstanding the "Updating these Terms" section below, if Gymslee changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Gymslee written notice of such rejection by mail or hand delivery to Gymslee Attn: Legal, PO BOX 30456 Fort Lauderdale, FL 33303, or by email from the email address associated with your Account to within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Gymslee in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
  25. Updating These Terms From time to time, we may update these Terms of Use to clarify our practices or to reflect new or different practices (such as when we add new features), and Gymslee reserves the right in its sole discretion to modify and/or make changes to these Terms of Use at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

Trainer Terms

When you sign up to become a Trainer on the Gymslee platform, you agree to abide by these Trainer Terms ("Trainer Terms"). These Terms cover details about the aspects of the Gymslee platform relevant to Trainers and are incorporated by reference into our Terms of Use, the general terms that govern your use of our Services. Any capitalized terms that are not defined in these Terms are defined as specified in the Terms of Use. As a Trainer, you are contracting directly with Gymslee, LLC (a Florida Limited Liability Company), regardless of whether another Gymslee subsidiary facilitates payments to you.
  1. Trainer Obligations As a Trainer, you are responsible for all content that you post, including exercises, workouts, training, stretches, maneuvers, tools, resources, answers, workout landing page content, and announcements ("Trainer Content"). You represent and warrant that:
    • you will provide and maintain accurate account information;
    • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize Gymslee to use your Trainer Content as specified in these Terms of Use;
    • your Trainer Content will not infringe or misappropriate any third party's intellectual property rights;
    • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Trainer Content and use of the Services; and
    • you will respond promptly to users and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
    You warrant that you will not:
    • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
    • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any User;
    • use the Services for business other than providing tutoring, teaching, and instructional services to Users;
    • engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
    • frame or embed the Services (such as to embed a free version of a video) or otherwise circumvent the Services;
    • impersonate another person or gain unauthorized access to another person's Account;
    • interfere with or otherwise prevent other Trainers from providing their services or videos; or
    • abuse Gymslee resources, including support services.
  2. License to Gymslee You grant Gymslee the rights detailed in the Terms of Use to offer, market, and otherwise exploit your Trainer Content, and to sublicense it to users for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility. Unless otherwise agreed, you have the right to remove all or any portion of your Trainer Content from the Services at any time. Except as otherwise agreed, Gymslee's right to sublicense the rights in this section will terminate with respect to new users 60 days after the Trainer Content's removal. However, (1) rights given to users before the Trainer Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Gymslee's right to use such Trainer Content for marketing purposes shall survive termination. We may record all or any part of your Trainer Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Gymslee permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Trainer Content, or Gymslee's content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
  3. Trust & Safety You agree to abide by Gymslee's Trust & Safety from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to Gymslee's approval, which we may grant or deny at our sole discretion. We reserve the right to remove your video, suspend payouts, and/or ban Trainers for any reason at any time, without prior notice, including in cases where:
    • a Trainer video that does not comply with our policies or legal terms (including the Terms of Use);
    • a Trainer video that is below our quality standards or has a negative impact on the User experience;
    • a Trainer engages in behavior that might reflect negatively on Gymslee or bring Gymslee into public disrepute, contempt, scandal, or ridicule;
    • a Trainer engages the services of a marketer or other business partner who violates Gymslee's policies; or
    • as determined by Gymslee in its sole discretion.
    Relationship to Other Users Trainers don't have a direct contractual relationship with users, so the only information you'll receive about users is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those users on the Gymslee platform, and that you won't solicit additional personal data or store users' personal data outside the Gymslee platform. You will indemnify Gymslee against any claims arising from your use of users' personal data. Anti-Piracy Efforts We partner with anti-piracy vendors to help protect your videos from unauthorized use. To enable this protection, you hereby appoint Gymslee and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your videos, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Gymslee and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests. You agree that Gymslee and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
  4. Pricing Price setting will take place when uploading a video, you will be prompted to select from a variety of available options at the time. You will also be made aware of any changes to pricing options taking effect at a later date and the opportunity to change your pricing selection. Transaction Taxes If a user purchases a product or service in a country that requires Gymslee to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
  5. Payments Revenue Share When a user purchases your video, we calculate the gross amount of the sale as the amount actually received by Gymslee from the user ("Gross Amount"). From this, we subtract any Transaction Taxes and any amounts paid to third parties to calculate the net amount of the sale ("Net Amount"). Your revenue share will be 60% of the Net Amount less any applicable deductions, such as user refunds. If we change this payment rate, we will provide you 30 days’ notice using prominent means, such as via email or by posting a notice through our Services. Gymslee makes all Trainer payments in U.S. dollars (USD) regardless of the currency with which the sale was made. We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD). Receiving Payments For us to pay you in a timely manner, you must own a PayPal or Venmo account in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income. Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a video or (b) the relevant video consumption occurred. As a Trainer, you are responsible for determining whether you are eligible to be paid by a U.S. company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law. If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law. Refunds You acknowledge and agree that users have the right to receive a refund, as detailed in Terms of Use. Trainers will not receive any revenue from transactions for which a refund has been granted under the Terms of Use If a user asks for a refund after we have paid the relevant Trainer payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the Trainer or (2) where no further payments are due to the Trainer or the payments are insufficient to cover the refunded amounts, require the Trainer to refund any amounts refunded to users for the Trainer's video.
  6. Trademarks While you are a published Trainer and subject to the requirements below, you may use our trademarks where we authorize you to do so. You must:
    • only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;
    • only use our trademarks in connection with the promotion and sale of your Gymslee video or your participation on Gymslee; and
    • immediately comply if we request that you discontinue use.
    You must not:
    • use our trademarks in a misleading or disparaging way;
    • use our trademarks in a way that implies that we endorse, sponsor, or approve of your video or services; or
    • use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.
  7. Sanctions and Export Laws You warrant that you aren't restricted from using the Services under U.S. sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these Trainer Terms, you will notify Gymslee within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Gymslee). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. You may not remove, export, or allow the export or re- export of the Services (or any product thereof, including technical data) outside the U.S. in violation of any restrictions, laws, or regulations of the U.S. or any other applicable country.
  8. Deleting Your Account Instructions on how to delete your Trainer account are available here. We'll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if users have previously purchased your video, your name and that Trainer Content will remain accessible to those users after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via .
  9. Miscellaneous Legal Terms Updating These Terms From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Gymslee reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Site. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our site after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms. Translations Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict. Relationship Between Us You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us. Survival The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Gymslee), 3 (Relationship to Other Users), 5 (Receiving Payments), 8 (Deleting Your Account), and 9 (Miscellaneous Legal Terms).
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