Please read these Term and Conditions (‘’terms’’, ‘’terms and conditions’’) carefully before using Gymrock.
TERMS OF SERVICE AGREEMENT
Effective Date: 14th August 2021
This Agreement
Please read this Terms of Service Agreement carefully before using Gymrock or its subsidiaries. The term governs the use of our services. By accessing or using the services below, you agree to all the terms in this Agreement and all terms that are incorporated into this Agreement as referenced below. These terms can be viewed and printed at any time through the "Terms of Service" link viewed in our website(s)/mobile applications.
If you do not agree to all of these terms, do not use our services.
- This Agreement applies to the website and mobile application of Lion Rock Technology Limited: Lion Rock Technology Limited does not provide any room booking information or location-based activities itself and such information are not part of our services. As described below, Lion Rock Technology Limited is not responsible for information available through our services and users are responsible for their own safety.
- What We Mean. The websites and mobile applications above, including all associated software, content, products and data, will be referred throughout this Agreement simply as our “services”. References to "content" should be read in the broadest context possible; content includes among other things text, images, your account details, emails, contact number, code, feedback, forum posts, music, and audiovisual materials. References to "Lion Rock Technology Limited","we", “us”, “our” include Lion Rock Technology Limited's officers, directors, shareholders, agents, employees, contractors, representatives, successors, and assigns. This Agreement applies to "you" as a person accessing or using our services, whether you are an authorized or unauthorized user or beneficiary of our services under this or prior agreements between us.
- Our services are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of 18, you are not permitted to use our services. If you are under the age of 18, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
- Privacy Policy. Lion Rock Technology Limited's Privacy Policy explains how we treat your personal data and protect your privacy when you use our services. If you use a third party application of one of our API partners, any of the personal data you make accessible via the application is subject to that party's Privacy Policy. By using our services, you agree that Lion Rock Technology Limited can use your personal data in accordance with our Privacy Policy and may store such data on our servers in Hong Kong and elsewhere outside the Asian countries. Our services also use small data files called "cookies" to provide a personalized experience on our websites and mobile applications and to improve our services. By using our services, you agree to our use of cookies and similar technologies as described in our Privacy Policy. Lion Rock Technology Limited's Privacy Policy can be found in our mobile applications.
- Other Terms. The use of our services may be subject to other terms, policies or guidelines. In the event there is any conflict between this Agreement and any other policies or guidelines that appear on our websites or through our mobile applications, this Agreement will govern. In the event there is any conflict between this Agreement and any other agreements required to use a specific component of our services, such as our API License Agreement, the specific terms in conflict will take precedence over the corresponding terms in this Agreement. If you navigate away from our application to a third party website, the terms and conditions of use applicable to that website will govern your use of that website.
Use of Our Services
- Inherent Risks. All location-based activities including all activities facilitated by our services can be dangerous and may take you too difficult to access or potentially treacherous locations. When taking part in other location-based activities, you risk property damage, bodily injury or death. There are many variables that must be considered prior to seeking or engaging in other location-based activities, including: weather, fitness level, terrain features. Be prepared and be sure to check the current conditions before heading to the location. Always exercise common sense and caution. You acknowledge all risks associated with location-based activities associated with our services and agree to release and hold harmless Lion Rock Technology Limited, landowners on whose property are located, and community members who serve as reviewers, translators and forum moderators/administrators from any liability for injury or loss suffered by you through the use of our services to the fullest extent permitted by applicable law.
- Changes to Our Services. Lion Rock Technology Limited may change, suspend, or discontinue any portion of our services at any time, including but not limited to: any feature, database, application, or content. Lion Rock Technology Limited may also impose limits on certain features offered through our services with or without notice. Our services include software that may update automatically on your device once a new version or feature is available. We are under no obligation to provide maintenance support or upgrades for any of our software except where required by applicable law.
Ownership
- Lion Rock Technology Limited's Services. Our services are the property of Lion Rock Technology Limited or of its licensors and are protected by copyright, trademark, and other intellectual property laws. Using our services does not give you ownership of any intellectual property rights in our services or the content you access. Do not copy or download any of the content available through our services (except your own) unless we have expressly authorized you to do so. All rights not expressly granted in this Agreement are reserved by Lion Rock Technology Limited or by the respective owners of the intellectual property rights. Do not remove, obscure, or change any legal notices displayed in or along with our services.
- Others' Content and Products. Our services display content that does not belong to Lion Rock Technology Limited. Except as part of our services, you may not use third party content from our services unless you have our permission, obtain the permission of the content owner or are otherwise permitted by law. Content available through our services that does not belong to Lion Rock Technology Limited is the sole responsibility of the person or entity that has made it available. We do not review content available through our services, although we may remove or refuse to display content that we reasonably believe violates our terms, policies or applicable law. Third parties may provide products for use with our services, such as software or widgets and our website may include third party products and links to third party sites. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for any such third party websites, widgets, software, products or content (or for removal or any failure or delay in removing such content).
- Your Content. All content you submit through our services remains yours; this includes your pictures, your comments and anything you post to our website. However all contents must be related to the service scope that pornographic and violent materials are prohibited. You but not Lion Rock Technology Limited are entirely responsible for all content that you upload, post or otherwise transmit via our services. You represent and warrant that you have all necessary rights and permissions required for all content you post and for the rights you grant to us below, and that your content does not violate this Agreement, other Lion Rock Technology Limited terms, policies or guidelines, the rights of any other party or applicable law.
- The Rights You Grant Us to Your Content. By submitting content to our services, you grant Lion Rock Technology Limited a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or created in the future. You agree that we have no obligation to monitor or protect your rights in any content that you may submit to us, but in the event that someone else takes content you have submitted through our services without either of our permission, you give us the right to request that they take the content off of their website or otherwise stop using it.
- Claims of Copyright Infringement. Lion Rock Technology Limited respects the intellectual property rights of others, and asks that you and all users of our services do the same. If you believe your work has been published on our services in a way that constitutes copyright infringement, you must notify Lion Rock Technology Limited's copyright agent by providing the following information: A description of the copyrighted work or other intellectual property that you claim has been infringed. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on our websites or mobile applications. Your address, telephone number, and, if available, e-mail address, so that Lion Rock Technology Limited can contact you about your complaint. And a physical or electronically signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
No Warranties
Our services are provided as-is and as-available and you assume the entire risk as to your use of our services and the content available through our services. We make no specific promises about our services or content available through our services, including with regard to their availability, reliability, functionality, accuracy or truthfulness (whether provided by Lion Rock Technology Limited or our users), or lack of viruses or errors. To the fullest extent permitted by applicable law, we disclaim all warranties, representations, terms or conditions, express or implied, whether by statute, common law or otherwise, regarding our services and the content available through our services, including but not limited implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, availability and lack of negligence.
Limitation of Damages
Regardless of the form or cause of action of the alleged basis of the claim, to the fullest extent permitted by law, Lion Rock Technology Limited and community members who serve as reviewers, translators and forum moderators/administrators will not be liable for any direct, indirect, incidental, consequential, exemplary, punitive or special damages, lost profits, revenues or data arising from this Agreement or your use of our services even if they have been advised of the possibility of such damages and even if the remedies otherwise provided under this Agreement, at law, or in equity, fail of their essential purpose. Should a court of competent jurisdiction determine that the limitation above is not legally valid, to the extent permitted by law, the total liability of Lion Rock Technology Limited and community members who serve as reviewers, translators and forum moderators/administrators to you for any claim under this Agreement or arising out of our services, including for implied warranties, is limited to the amount you paid us for our services or the amount of direct damages incurred by you in reliance on our services, whichever is less. You agree that this is your sole and exclusive remedy and you hereby release Lion Rock Technology Limited and community members who serve as reviewers, translators and forum moderators/administrators from all obligations, liability, claims or demands in excess of the limitation.
Indemnification
You agree to indemnify and hold harmless Lion Rock Technology Limited, its officers, employees, agents and community members who serve as reviewers, translators and forum moderators/administrators against any and all losses, claims, damages, and expenses (including reasonable attorneys' fees) that Lion Rock Technology Limited may incur in connection with: (a) your breach of any of the terms of this Agreement; (b) your use of the services; or (c) your violation of applicable law.
Changes to this Agreement
We may make changes to this Agreement from time to time. Unless we make the change for legal or administrative reasons, or to correct an inaccuracy, we will provide you with notice of the revised Agreement. By continuing to use our services, you agree to be bound by the revised Agreement. If you do not agree to the revised Agreement, you should stop using our services. Changes will not apply retroactively. If we provide notice of changes via email, you consent to receiving email notice of such changes.
General Terms (Severability, Waiver, Entire Agreement)
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, Lion Rock Technology Limited and you agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described in this Agreement will be given effect to the fullest extent possible. Lion Rock Technology Limited's failure to act with respect to a breach by you or others does not constitute a waiver of Lion Rock Technology Limited's right to enforce its rights with respect to later or similar breaches. This Agreement, along with any guidelines, terms or policies posted on our websites or mobile applications or that we otherwise provide to you, constitutes the entire agreement between us with regard to your use of our services.