Max Whitlock Gymnastics
User Terms
Max Whitlock Gymnastics (Schools)
User Terms
Max Whitlock Gymnastics Limited (Company Number 11024018) is a company registered in England and Wales (“MWG”). References to “we”, “us” and “our” shall mean MWG.
1. General
1.1. These User Terms (“the User Terms”) regulate and govern the use by the user(s) (“the User”) of the website located at www.maxwhitlockgymnastics.co.uk (“the Site”) and related services including User uploaded Content (collectively, such services, including any new features and applications, and the Site, the (“MWG Platforms”) which allow for online instructional gymnastics educational resources (“the Resources”) and teacher training services through the MWG Platforms (collectively referred to as the "Services").
1.2. The Terms and Conditions applies to these User Terms and references to definitions to terms referred to the Terms and Conditions shall have the same meaning unless otherwise specified.
2. Induction, Access and Use of the Service
2.1. All Users registering for the Services and uploading Content (defined below) must be:-
i) at least eighteen (18) years of age;
ii) part of the teaching staff, employed by the holder of the Primary Account; and
iii) authorised as a User by the Primary Account and MWG.
2.2. When The User access the Services, the User are solely responsible for compliance with the laws and regulations of the User’s jurisdiction. The User must ensure that they comply with the provisions contained in these Terms.
2.3. The Services, and any part of it, is provided solely for the purpose of aiding the provision of gymnastics education in primary schools. The Services, and any all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) uploaded, downloaded or viewed through the Services is for educational, recreational, and non-commercial use only. The Services may allow the User to access Content on a pay per view basis, subscription basis, rent, or purchases. The basis on which Content is available on the Services will be indicated on the product detail page for which the Primary Account holder may purchase the Content. MWG grants the User a limited, non-exclusive, non-transferable, license to access MWG Content and view the Content(s) through the Services on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to the User. The User agrees not to use the Services for public performances.
2.4. MWG makes no guarantees as to the resolution and quality of the User digital content when streaming. The quality and speed of the User’s stream of digital Content has many different variables, including the User’s connection speed, location, download speeds, devices, player and bandwidth.
2.5. MWG may revoke the User’s license at any time in our sole discretion. Upon such revocation, the User must promptly destroy all Content downloaded or copies of such materials.
2.6. It is mandatory for all Users to undergo an initial induction for the proper and safe use of the Services with MWG (“the Induction”).
2.7. Use of the Services by a User is conditional upon that User successfully completing the Induction. Until successful completion of the Induction, Users are only permitted a viewer-only access to the Resources. On successful completion of the Induction, the User shall be awarded with the ‘Max Whitlock Gymnastics Teaching in Schools Award’ confirming successful completion of the Induction.
2.8. The User and the Primary Account holder must keep an up-to-date record of the User’s Induction and Max Whitlock Gymnastics Teaching in Schools Award.
2.9. Any such unauthorised use by a User may result in termination of Services, revocation of license(s), and possible legal action.
3. Conditions of Use
3.1. The User is solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that the User upload, post, publish, email or display (hereinafter, “upload”) or otherwise use via the service. MWG reserves the right to investigate and take appropriate legal action against anyone who, in MWG’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators.
3.2. The User agrees that the User is solely responsible for the User’s interactions with MWG and any other User in connection with the service and MWG will have no liability or responsibility with respect thereto. MWG reserves the right, but has no obligation, to become involved in any way with disputes between the User and any other User of the Services.
3.3. Unless otherwise authorised by MWG in writing, the User agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The User agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content. Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited.
3.4. Save as provided in clause 5 below, the User retain the User’s rights to any Content which the User may upload. By uploading Content through our Services, the User grants MWG a non-exclusive royalty free licence (with rights to sub-licence) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, creative derivative works from, communicate, display, and/or distribute such Content in any and all media and distribution methods (whether existing or to be developed) as part of providing the Services.
3.5. The User agrees that they (and all Users) must evaluate, and bear all risks associated with the use of (or inability to use) any advice or Content, including any reliance on the accuracy, completeness, or usefulness of such advice or Content. This includes any Content produced by MWG and made available to the User through the Services including any communication or advice.
3.6. The Content provided through the Services, including all instructional and educational materials, is intended to support and enhance gymnastics education within a primary school setting. Whilst we aim to provide accurate, high-quality resources, the implementation of these materials made available under the Content and Services requires the professional judgment and expertise of the User as a qualified and/or certified teaching member of staff employed by the Primary Account holder. The resources provided by MWG should not replace professional or specialist advice and should be utilised appropriately in a safe, educational environment. Before taking or refraining from any action based on the Content provided, Users must consider the context, apply their reasonable and professional judgment, and, if necessary, seek further professional or specialist advice. MWG is not responsible for the specific execution or application of our resources in individual school settings.
3.7. Termination of Membership and Use of Resources
3.7.1. Users are permitted to use The Max Whitlock Gymnastics Content and Resources solely for the duration of their active membership and only for purposes in accordance with these User Terms.
3.7.2. Upon the termination or expiration of a User's membership for any reason, the User shall promptly destroy all downloaded or printed Content and Resources. Further, the User agrees to immediately cease all use of MWG Content and Resources in any form or medium.
3.7.3. Any use of MWG Content and Resources post-membership termination is strictly prohibited and shall be considered a violation of these User Terms. Such unauthorised use may result in further legal action.
3.7.4. The Primary Account (school account) holder is responsible for ensuring that all Users comply with this clause. Failure to do so may result in further legal action.
4. User Content
4.1. With respect to the Content or other materials the User uploads through the Service or share with other users the User represent and warrant that the User own all right, title and interest in and by uploading any Content the User hereby grants and will grant MWG license to copy, display, upload, adapt, perform, publish, distribute, store, modify and otherwise use and fully exploit the User’s uploaded Content for any and all purposes (commercial or otherwise).
4.2. All the relevant consents must be obtained before uploading any Content to the Services and MWG Platforms as required by the relevant statutes, laws and regulation. This includes for example, legal consent(s) from any person(s) taking part in the Content. If such consents have not been obtained, MWG shall not be liable to the User, the Primary Account holder or to any third party.
4.3. The User holds sole responsibility for all Content to which they upload via the Services to the MWG Platforms and The User is solely responsible for any consequences of any Content uploaded. MWG encourages the User to be mindful of the Content uploaded and make sure that such Content is entirely compliant with these User Terms.
4.4. The User acknowledges that MWG is not obliged to monitor the Content uploaded by the User(s) via the MWG Platforms and Services and the User must upload Content with due care accordingly.
4.5. The User acknowledges that that where the User uploads Content to the Services and MWG Platforms, the Services and MWG Platforms act solely as a medium for the User to upload Content. MWG does not endorse any Content nor views expressed therein and disclaims any and all liability in relation to the Content uploaded by the User.
4.6. The User acknowledges that MWG will not, under any circumstance, accept any liability or responsibility with regard to the User’s use of the Services.
5. Acceptable Use
5.1. The User acknowledges and accepts that the Content provided through the Services, including all instructional and educational materials, is intended to support and enhance gymnastics education within a primary school setting. As such, any Content to be uploaded by the User is to be of the same or a similar nature.
5.2. When using the Services the User must not:
(i) disable or otherwise interfere with any security related features of the Services or features that prevent or restrict use or copying of the Content accessible via the Services;
(ii) create more than one User Account for use of the Services (save that the User may connect all the User’s social networks or other User accounts, in each case that MWG supports, to the User’s account for use with such Service);
(iii) give any false or misleading information or permit another person to use a Service under the User’s name or on the User’s behalf;
(iv) impersonate any person, or misrepresent the User’s identity or affiliation with any person or give the impression they are linked to MWG, if this is not the case;
(v) use any part of the Services where MWG has suspended or banned the User from using it;
(vi) send junk, spam, repetitive messages, unsolicited advertising or marketing email, call, or text messages, or engage in any activities that violate anti-spamming laws and regulations;
(vii) advocate, promote, or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
(viii) modify, interfere, intercept, disrupt, or hack any part of the Services or collect any data from a Service other than in accordance with these User Terms;
(ix) misuse the Services by knowingly introducing viruses, Trojans, or other material which would harm the Services or any User of the Services' equipment;
(x) submit or contribute any Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue, or offensive;
(xi) submit or contribute to any Content which is slanderous, libelous, defamatory, or otherwise adversely affects the goodwill and general reputation of MWG;
(xii) submit or contribute any Content without the permission of the Content owner or otherwise infringe the copyright, trademark, privacy, publicity, or other rights of third parties;
(xiii) use any Content in violation of any licensing terms specified by the owner;
(xiv) submit or contribute any information or commentary about another person without that person's permission;
(xv) threaten, abuse, or invade another's privacy, or cause annoyance, inconvenience, or unnecessary anxiety or take any action that is likely to annoy, upset, embarrass, alarm, or harass any other person; or
(xvi) participate if the User is pregnant or under the influence of alcohol or non-prescription drugs;
(xvii) seek to use any Content where the User does not feel comfortable or able to safely and properly instruct and supervise activities as directed by MWG. In such event the User must not allow for such activities to take place.
5.3. Failure to comply with these rules of acceptable use constitutes a serious breach of these User Terms, and may result in our taking all or any of the following actions (with or without notice):
i. immediate, temporary, or permanent withdrawal of the User’s right to use our Services;
ii. immediate, temporary, or permanent removal of any Content;
iii. issuing of a warning to the User;
iv. legal action against the User including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
v. where, in our reasonable opinion it is necessary, disclose such information to law enforcement authorities.
5.4. The responses described in this clause are non-exhaustive, and we may take any other action we reasonably deem appropriate.
6. Intellectual Property
6.1. Subject to clauses 6.2 and 6.5, the Services, the MWG Platforms and all data and material on the MWG Platforms, including, without limitation, text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable material, as well as the selection, organization, coordination, compilation and overall look and feel of the Services (together referred to as "Material") are the intellectual property of MWG, its affiliates or its licensors. All trademarks to the MWG name and any other related trademarks relating to the MWG Platforms are proprietary to MWG, its affiliates or licensors.
6.2. Subject to clause 6.5 of the User Terms, all Content uploaded by the User to the MWG Platforms is the intellectual property of the User.
6.3. The User agrees not to download, display or use any Material located on the MWG Platforms for use in any publications, in public performances, on websites other than the MWG Platforms or for any other commercial purpose, in connection with products or services that are not those of MWG, in any other manner that is likely to cause confusion among consumers, that disparages or discredits MWG and/or its licensors, that dilutes the strength of MWG’s or its licensor's property, or that otherwise infringes MWG’s or its licensors’ intellectual property rights. User further agrees not to misuse any Material or Content that appears on the MWG Platforms.
6.4. If the User believes that trademark or copyright rights have been violated, please contact MWG at info@maxwhitlockgymnastics.co.uk.
6.5. By uploading Content to the MWG Platforms, the User hereby grants MWG a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sub-licensable right to use (including without limitation the right to copy, use, reproduce, distribute, publish, translate, modify, create derivative works of, publicly display) the Content in order to:-
i) provide the Services to the User,
ii) for purposes of providing Services to other users of the MWG Platforms,
iii) for advertisement purposes; or
iv) to market and display new services or products to customers.
Use of the Contents as referred to in (iii) and (iv) is subject to approval of the User, and if applicable, the Primary Account holder of Services prior to the said use.
6.6. Where the User has the option of streaming its Content, the User authorises MWG to broadcast and/or record the Content.
7. Privacy and Personal Data
7.1. Any information and data provided by the User to MWG, including personal information, (“Your Data”) may be collected, maintained and used by MWG in the course of delivering the Services in accordance with these User Terms, the Terms and Conditions and our Privacy Policy.
7.2. For further information on MWG’s processing and disclosure of Your Data please refer to our Privacy Policy.
8. Indemnity
8.1. The User shall defend, indemnify and hold harmless MWG and where applicable all employees, contractors, officers and directors from and against any and all losses, claims, damages, obligations, liabilities, fees, expenses and other amounts due or claimed in connection with any third-party claim or action threatened or incurred arising out of the User’s use of the Services whether or not in breach of these User Terms in any capacity.
8.2. MWG may, at the User’s expense, assume exclusive conduct and control of any proceedings or actions brought by any third-party whereby the User is required to indemnify MWG.
8.3. The User agrees to cooperate with MWG’s defence against any such claims.
9. Limitation of Liability
9.1. MWG will not be held liable for any loss or damage of any kind whether or not foreseeable in relation to the User’s use of (or inability to use) the Services and MWG Platforms in any capacity.
9.2. Under no circumstance shall MWG be liable for any incidental, indirect, consequential or punitive damages, or any loss of profits or revenues (whether directly or indirectly) or any intangible loss (including but not limited to loss of data) or any damage of any kind resulting from the User’s use of (or in ability to use) the Services or the Content.
9.3. The limitations contained in this clause shall apply irrespective of any theory of liability or cause of action to which such liability is based whether pertaining to warranty, contract, tort, statute or otherwise, and irrespective of whether MWG has been notified of such any such possibility for such damages.
9.4. The total aggregate liability of MWG shall in any event not exceed the amount paid (if any) by the User to MWG for Services for the twelve (12) month period immediately preceding the event(s) of which the User’s claim is based, and in the event that no such sums have been paid by the User for the Services, such liabilities shall capped at zero accordingly.
10. Waiver
A waiver of any right or remedy under these User Terms or by law is only effective where such waiver is given in writing by MWG and shall not be deemed a waiver for any subsequent right or remedy. Any failure or delay by MWG to enforce any right or remedy provided for by these User Terms or statute shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these User Terms shall prejudice any further exercise of that or any other right or remedy.
11. Severance
If any provision contained within these User Terms becomes invalid, illegal or unenforceable, it shall be deemed deleted or amended to the extent to which it is then validly and lawfully binding. Such amendment nor deletion shall affect the validity and enforceability of the rest of these User Terms.
12. Force Majeure
12.1. MWG shall not be liable to the User for non-performance or delay in delivery of the Services causes by events outside of MWG’s reasonable control, including but not limited to cyber-attacks, power outages and strikes (“Force Majeure”).
12.2. In the event of any Force Majeure event, MWG reserves the right to postpone delivery of any part of or the whole of the Services affected until such circumstances has ceased.
13. Updates and Changes to User Terms
13.1. MWG may send updates to the User from time to time containing information regarding new features together with general updates as to the functionality of the MWG Platforms and the Services.
13.2. MWG has the right to amend these User Terms from time to time. Every time the User wishes to use the Services including the MWG Platforms, please check these User Terms to ensure the User understands the terms and conditions that apply at that time. The User’s continued use of the Services and MWG Platforms after the changes constitutes the User’s binding acceptance of such changes.
1.1. MWG may send updates to the User from time to time containing information regarding new features together with general updates as to the functionality of the MWG Platforms and the Services.
14. Third-Party Links and Services
The Services may contain links to other websites, resources, or services provided by third parties for the User’s convenience and information. These may include, but are not limited to, resources for further learning or supporting material. It is important to note that these third-party sites are not under our control. MWG is not responsible for the content, privacy policies, or practices, services, information, or materials they may offer. When the User follows a link to these third-party sites we encourage the User to review the terms and conditions and privacy policies of any third-party websites or services that the User visits at their own risk.
15. No partnership or joint venture
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and MWG.
16. Assignment, Novation and Transfer
16.1. The User Terms are binding to the User and the User may not at any time assign, novate, transfer or otherwise dispose of their obligations or rights under these User Terms.
16.2. MWG assign, novate, transfer or otherwise dispose of its rights and obligations contained within these User Terms to any third-party.
17. Governing law and Jurisdiction
17.1. This agreement between MWG and The User, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
17.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
17.3. The Services are offered only in jurisdictions where they may be legally offered for sale and principally within the United Kingdom. The information available on the Site is not to be construed as an offer or otherwise solicitation by anyone in any such jurisdiction whereby an offer or otherwise solicitation cannot legally be entered into.