Terms and Conditions.
MyTrainingDiary LTD (or 'we') operates www.mytrainingdiary.org, which is a site that allows coaches, athletes and possibly their parents to communicate online about the athletes' goals and training programmes. MyTrainingDiary Ltd can be contacted at 1 Cromwell Crescent, Worcester, WR5 2JW United Kingdom. The mytrainingdiary website is hosted in the United Kingdom.
This Agreement includes mytrainingdiary's policy for acceptable use of the mytrainingdiary Services and Content (as defined in Section 6.1 below) posted on or through the mytrainingdiary Services and your rights, obligations and restrictions regarding your use of the mytrainingdiary Services and Content posted on or through the mytrainingdiary Services.
Mytrainingdiary may modify this Agreement from time to time and such modification shall be effective upon posting by MyTrainingDiary Ltd on the mytrainingdiary Website. Your continued use of the mytrainingdiary Services after MyTrainingDiary Ltd posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
MyTrainingDiary Ltd; the administrators of the mytrainingdiary website, reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the mytrainingdiary Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Mytrainingdiary expressly reserves the right to remove your membership and/or deny, restrict, suspend, or terminate your access to all or any part of the mytrainingdiary Services if mytrainingdiary determines, in its sole discretion, that you have violated this Agreement or pose a threat to mytrainingdiary and/or its Users and/or violating any applicable law.
1. Eligibility. Use of the mytrainingdiary Services and registration to be a Member for the mytrainingdairy Services (“Membership”) is void where prohibited. By using the mytrainingdiary Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the mytrainingdiary Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. If you are under 18 years of age then your membership must be authorised by a parent or guardian.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the mytrainingdiary Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Mytrainingdiary may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that mytrainingdiary charges for some forms of membership and reserves the right to charge for any additional portions of the mytrainingdiary Services and to change its fees (if any) from time to time in its discretion. If MyTrainingDiary Ltd terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Commission. When a player registers and pays as a member they pay the a monthly or annual membership fee to MyTrainingDiary Ltd. When a player joins a ‘Training Camp’ area MyTrainingDiary Ltd will pay 20% of fees received from that player after that point to the coach who set up the Training Camp area. Money owed to coaches will be paid every 3 months and can only be paid into a member’s paypal account. If a coach does not enter their paypal account details on registration or after then accept that it will not be possible to receive RecordsetGetOppApproachnet that is owing to them. Coaches must also accept that paypal will take a small RecordsetGetOppApproachnet out of the money that we transfer to them.
5. Use by Members. The mytrainingdiary Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorised by mytrainingdiary. MyTrainingDiary Ltd reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorised use of the mytrainingdiary Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the mytrainingdiary Website, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorised solicitation may be removed from Member personal areas without notice or explanation and may result in termination of Membership privileges. MyTrainingDiary Ltd reserves the right to take appropriate legal action for any illegal or unauthorised use of the mytrainingdiary Services.
6. Membership by minors
6.1 Under 18s are allowed to become members of the mytrainingdiary site; however, their membership has to be approved by a parent or guardian at the time of registration. The parent or guardian that approves the application of the minor will receive confirmation of the membership and a copy of the minor’s username and password via e-mail
6.2 If an Under 18 member has not used a genuine parent or guardian to approve their membership then they are in violation of the terms and conditions, they will be blocked and removed from the site immediately if this is discovered.
6.3 MyTrainingDiary Ltd accept no liability for any member that enters incorrect details at registration and this includes Under 18s who fabricate information on registration.
6.4 By approving the membership of the Under 18 the parent or guardian is agreeing to the terms of conditions of the site and acknowledging their responsibility to monitor their child’s usage of the site.
7. Proprietary Rights in Content on MyTrainingDiary.
7.1 Mytrainingdiary does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on the mytrainingdiary Services. After posting your Content to the mytrainingdiary Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the mytrainingdiary Services, you hereby grant to MyTrainingDiary Ltd a limited license to use, modify, delete from, add to it. However, information posted by members on the site is private and MyTrainingDiary Ltd will not pass the information on to any third party in any form without written permission from all members concerned (including guardian if Under 18)
7.2 The license you grant to MyTrainingDiary Ltd is non-exclusive (meaning you are free to license your Content to anyone else in addition to MyTrainingDiary), fully-paid and royalty-free (meaning that MyTrainingDiary is not required to pay you for the use on the mytraningdiary Services of the Content that you post), sublicensable (so that MyTrainingDiary is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the mytrainingdiary Services), and worldwide (because the Internet and the mytrainingdiary Services are global in reach).
7.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the mytrainingdairy or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Services mytrainingdiary does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the mytrainingdiary services.
7.4 The mytrainingdiary Services contain Content of mytrainingdiary ("mytrainingdiary Content"). Mytrainingdiary Content is protected by copyright, trade secret, industrial secret, and other laws, and MyTrainingDiary Ltd owns and retains all rights in the mytrainingdiary Content and the mytrainingdiary Services. MyTrainingDiary Ltd hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the mytrainingdiary Content (excluding any software code) solely for your personal use in connection with viewing the mytrainingdiary Website and using the mytrainingdiary Services.
7.5 The mytrainingdiary Services contain Content of Users and other mytrainingdiary licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the mytrainingdiary Services.
7.6 Mytrainingdiary performs technical functions necessary to offer the mytrainingdiary Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the mytrainingdiary Services.
8. Content Posted.
8.1 MyTrainingDiary may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of MyTrainingDiary Ltd violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MyTrainingDiary Ltd assumes no responsibility for monitoring the mytrainingdiary Services for inappropriate Content or conduct. If at any time MyTrainingDiary Ltd chooses, in its sole discretion, to monitor the mytrainingdiary Services, MyTrainingDiary Ltd nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
8.2 You are solely responsible for the Content that you post on or through any of the mytrainingdiary Services and for your interactions with other Users.
8.3 You are solely responsible for ensuring that all Content that you post on or through any of the mytrainingdiary Services, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through mytrainingdiary.
9 Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the mytrainingdiary Services. MyTrainingDiary Ltd reserves the right to investigate and take appropriate legal action against anyone who, in MyTrainingDiary's sole discretion, violates this provision, including without limitation, removing the offending Content from the mytrainingdiary Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyTrainingDiary Ltd:
9.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.2 harasses or advocates harassment of another person;
9.3 exploits people in a sexual or violent manner;
9.4 contains nudity, violence, or offensive subject matter or contains a link to an adult website;
9.5 solicits personal information from anyone under 18;
9.6 publicly posts information that poses or creates a privacy or security risk to any person;
9.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9.8 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9.9 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9.10 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
9.11 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
9.12 involves commercial activities and/or sales without prior written consent from MyTrainingDiary such as contests, sweepstakes, barter, advertising, or pyramid schemes;
9.13 includes a photograph or video of another person that you have posted without that person's consent;
9.14 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
9.15 promotes propaganda and/or symbols of organisations which are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the mytrainingdiary Website and through your use of the mytrainingdiary Services. MyTrainingDiary Ltd reserves the right to investigate and take appropriate legal action against anyone who, in MyTrainingDiary's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
9.16 criminal or tortuous activity, including child pornography, corruption of minors, fraud, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
9.17 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorised or impermissible use of
9.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the mytrainingdiary Services;
9.19 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
9.20 covering or obscuring the banner advertisements on your personal profile page, or any mytrainingdairy page via HTML/CSS or any other means;
9.21 any automated use of the system, including but not limited to, using scripts to add members comments;
9.22 interfering with, disrupting, or creating an undue burden on the mytrainingdiary Services or the networks or services connected to the mytrainingdiary Services;
9.23 impersonating or attempting to impersonate another Member, person or entity;
9.24 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account (except in the case of a minor sharing username and password with a parent.guardian);
9.25 selling or otherwise transferring your membership;
9.26 using any information obtained from the mytrainingdiary Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
9.27 displaying an unauthorised commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorised or impermissible use of the mytrainingdiary Services on behalf of that person, such as placing commercial content on your profile, posting entries with a commercial purpose; or
9.28 using the mytrainingdiary Services in a manner inconsistent with any and all applicable laws and regulations.
10. Protecting Copyrights and Other Intellectual Property. MyTrainingDiary Ltd and the mytrainingdiary website respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. MyTrainingDiary Ltd has the right to terminate the Membership of infringers.
11. Member Disputes. You are solely responsible for your interactions with other mytrainingdairy Members. MyTrainingDiary Ltd reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
13. Disclaimers. MyTrainingDiary Ltd is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the mytrainingdiary Services, whether caused by Users of the mytrainingdiary Services or by any of the equipment or programming associated with or utilised in the mytainingdiary Services and such User Content does not necessarily reflect the opinions or policies of MyTrainingDiary Ltd. Profiles posted by Members on the mytrainingdiary Website may contain links to other websites. MyTrainingDiary Ltd is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by MyTrainingDiary. Inclusion of any linked website on the mytrainingdiary Services does not imply approval or endorsement of the linked website by MyTrainingDiary Ltd. When you access these third-party sites, you do so at your own risk. MyTrainingDiary Ltd takes no responsibility for third party advertisements or third party applications that are posted on or through the mytrainingdiary Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyTrainingDiary Ltd is not responsible for the conduct, whether online or offline, of any User of the mytrainingdiary Services. MyTrainingDiary Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. MyTrainingDiary Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the mytrainingdairy Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the mytrainingdairy Services. Under no circumstances shall MyTrainingDiary Ltd be responsible for any loss or damage, including personal injury or death, resulting from use of the mytrainingdiary Services, attendance at a MyTrainingDiary Ltd event, from any User Content posted on or through the mytrainingdiary Services, or from the conduct of any Users of the mytrainingdairy Services, whether online or offline. The mytrainingdiary Services are provided "AS-IS" and as available and MyTrainingDiary Ltd expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyTrainingDiary Ltd cannot guarantee and does not promise any specific results from use of the mytrainingdiary Services.
14. Limitation on Liability. IN NO EVENT SHALL MYTRAININGDIARY LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MYTRAININGDIARY SERVICES, EVEN IF PRO TENNIS SOLUTIONS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYTRAININGDIARY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PRO TENNIS SOLUTIONS FOR THE MYTRAININGDIARY SERVICES DURING THE TERM OF MEMBERSHIP.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws Of Great Britain and the EU, without regard to its conflict of law provisions. You and MyTrainingDiary Ltd agree to submit to the exclusive jurisdiction of the courts located within Great Britain to resolve any dispute arising out of the Agreement or the mytrainingdiary Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Advice. Members are able to ask for advice through the mytrainingdiary website. The advice can be to do with how to maximise use of the site or to do with goal setting and training programmes.
16.1 MyTrainingDiary will not give specific training advice to a player as that requires specific knowledge of that player. As such they have no liability to that player in any way for any illness, injury of other that occurs while the player is training or competing.
16.2 MyTrainingDiary will give general advice on good quality training and goal setting. The advice will outline well established good practice in training and goal setting. The player, parents and coach are responsible for creating the specific training programme as they have knowledge of the individual player.
16.3 The mytrainingdiary site offers players and coaches an opportunity to place and share training programmes and goal setting online. In agreeing to the terms and conditions of the site members are acknowledging that responsibility for the specific content of the training programme is theirs. MyTrainingDiary has no liability to any member for anything that happens to them while they are training or as a result of their training programme. Likewise the MyTrainingDiary provides its customers with the website facility to place goals online; we cannot be held responsible for a player’s progress (or lack of it) towards those goals.
17. Indemnity. You agree to indemnify and hold MyTrainingDiary Ltd, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the mytrainingdiary Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the mytrainingdairy Services causes MyTrainingDiary Ltd to be liable to another.
18. Other. This Agreement is accepted upon your use of the mytrainingdiary Website or any of the mytrainingdiary Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MyTrainingDiary Ltd regarding the use of the mytrainingdiary Services. The failure of MyTrainingDiary Ltd to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at [email protected] with any questions regarding this Agreement.