GYM
[LIVE
]

Terms of Service

Terms of Service

Table of Contents

1. Your Relationship With Us

Welcome to Gymlive Ltd. (the "Platform"), provided by Gymlive Ltd. and its affiliates ("Gymlive," "we," or "us").

These Terms of Service ("Terms") govern the relationship between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products, and content (collectively, the "Services"). Access to certain Services or features (such as the ability to submit or share User Content) may be subject to age restrictions and may not be available to all users. Our Services are intended for private, non-commercial use. For purposes of these Terms, "you" and "your" refer to you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please read them carefully. If you are under 18 years of age, you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you.

2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Gymlive, accept these Terms, and agree to comply with them. Your access and use are also subject to our Privacy Policy and Community Guidelines, which are incorporated herein by reference. By using the Services, you consent to these policies.

If you are using the Services on behalf of a business or entity, then:

  • "You" and "your" include both you and that business or entity.
  • You represent that you are an authorized representative with the authority to bind the entity to these Terms.
  • The business or entity is legally and financially responsible for your use of the Services and for any use of your account by others affiliated with your entity.

You accept the Terms by accessing or using our Services. We will treat your access or use as acceptance of the Terms from that point onwards.

We recommend printing or saving a copy of the Terms for your records.

3. Changes to the Terms

We may amend these Terms from time to time—for example, when updating our Services' functionality or due to regulatory changes. We will make commercially reasonable efforts to notify all users of any material changes, such as through a notice on our Platform. However, you should regularly check the Terms for updates. The "Last Updated" date at the top reflects the effective date of the latest Terms. Your continued access or use of the Services after the new Terms are posted constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Services.

4. Your Account with Us

To access or use some of our Services, you must create an account. When creating your account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details to keep them current and complete.

Keep your account password confidential and do not disclose it to any third party. If you suspect that someone else knows your password or has accessed your account, notify us immediately at: Contact Us.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We reserve the right to disable your account at any time if you fail to comply with these Terms or if activities occur on your account that could harm the Services or violate any laws or regulations.

If you wish to delete your account, contact us here. Once you choose to delete your account, you will not be able to reactivate it or retrieve any content or information you have added.

5. Your Access to and Use of Our Services

Your use of the Services must comply with these Terms and all applicable laws. You may not:

  • Access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized by your parent or legal guardian.
  • Make unauthorized copies or modify any part of the Services.
  • Distribute, license, transfer, or sell any part of the Services.
  • Market, rent, or lease the Services for a fee.
  • Use the Services for any commercial or unauthorized purpose without our express written consent.
  • Interfere with the proper working of the Services or bypass any measures used to prevent or restrict access.
  • Incorporate the Services into any other program or product without permission.
  • Use automated scripts to collect information or interact with the Services.
  • Impersonate any person or entity or misrepresent your affiliation.
  • Harass, intimidate, or promote discrimination or violence.
  • Use another's account without authorization.
  • Engage in activities that undermine the purposes of the Services.
  • Upload or transmit malicious code, unsolicited advertising, or any form of spam.
  • Post private information of any third party.
  • Upload content that infringes intellectual property rights.
  • Post defamatory, obscene, offensive, or hateful material.
  • Encourage or provide instructions for criminal activities.
  • Deliberately provoke or antagonize others.
  • Post threats or discriminatory material.
  • Provide unauthorized professional advice or recommendations.
  • Upload material that is objectionable or may expose Gymlive or its users to harm or liability.

Your access to and use of the Services must always comply with our Community Guidelines.

At any time and without prior notice, we reserve the right to remove or disable access to content at our discretion. This may include content that is objectionable, violates these Terms or our Community Policy, or is otherwise harmful.

Our automated systems may analyze your content (including emails) to provide personalized product features, such as customized search results and tailored advertising. This analysis occurs as the content is sent, received, and stored.

6. Intellectual Property Rights

We respect intellectual property rights and expect you to do the same. As a condition of your access to and use of the Services, you agree to the terms of our Copyright Policy.

7. Content

Gymlive Content

All content on the Services, including software, images, text, graphics, logos, and the "look and feel" of the Services ("Gymlive Content"), is owned or licensed by Gymlive. You may not use Gymlive Content for any purpose not expressly permitted by these Terms. Such content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited without our prior written consent. We reserve all rights not expressly granted in and to our content.

You acknowledge that we may generate revenue from your use of the Services, including through advertising and promotions, and you have no right to share in such revenue.

Subject to these Terms, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services for your personal, non-commercial use. Gymlive reserves the right to terminate this license at any time for any reason.

No rights are licensed with respect to sound recordings and the musical works embodied therein that are made available from or through the Service.

You acknowledge that when you view content provided by others, you do so at your own risk. The content on our Services is for general information only and is not intended as advice.

We make no representations or warranties about the accuracy or completeness of any Gymlive Content or User Content.

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User-Generated Content

Users may upload, post, or transmit content through the Services ("User Content"). This may include text, photographs, videos, sound recordings, and other materials.

When you submit User Content, you agree and represent that you own it or have received all necessary permissions to submit it. User Content will be considered non-confidential and non-proprietary.

By submitting User Content, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, reproduce, distribute, and display such content in any format and on any platform.

You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any User Content, subject to age restrictions.

You waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content. You also waive any rights of privacy, publicity, or any other rights of a similar nature.

We have the right to disclose your identity to any third party claiming that your User Content violates their rights.

We reserve the right to edit or remove any User Content that violates these Terms or our Community Guidelines. We recommend saving copies of any User Content you post, as we do not guarantee its permanence.

8. Indemnity

You agree to defend, indemnify, and hold harmless Gymlive, its parents, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and advisors from any claims, liabilities, costs, and expenses arising out of your breach of these Terms.

9. Exclusion of Warranties

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS.
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  • ANY INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE.
  • ANY DEFECTS WILL BE CORRECTED.

WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM WITHOUT NOTICE.

10. Limitation of Liability

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.

SUBJECT TO THE ABOVE, WE SHALL NOT BE LIABLE FOR:

  • ANY LOSS OF PROFIT (DIRECT OR INDIRECT).
  • ANY LOSS OF GOODWILL.
  • ANY LOSS OF OPPORTUNITY.
  • ANY LOSS OF DATA.
  • ANY INDIRECT OR CONSEQUENTIAL LOSSES.
  • ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO GYMLIVE IN THE LAST 12 MONTHS.

WE ARE NOT LIABLE FOR:

  • RELIANCE ON THE COMPLETENESS OR ACCURACY OF ANY ADVERTISING.
  • CHANGES TO THE SERVICES OR TEMPORARY/PERMANENT CESSATION OF SERVICES.
  • DELETION OR FAILURE TO STORE CONTENT.
  • YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION.
  • YOUR FAILURE TO KEEP YOUR PASSWORD SECURE.

OUR PLATFORM IS FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE IT FOR COMMERCIAL PURPOSES, AND WE HAVE NO LIABILITY FOR LOSS OF PROFIT OR BUSINESS.

IF DEFECTIVE DIGITAL CONTENT DAMAGES YOUR DEVICE OR CONTENT AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION.

THESE LIMITATIONS APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES INCURRED WHILE USING OUR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE WITH A THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES IS BETWEEN YOU AND THAT THIRD PARTY.

11. Other Terms

Open Source

The Platform may contain open-source software, subject to their respective licenses, which can be found at our Open Source Policy.

Entire Agreement

These Terms constitute the entire agreement between you and Gymlive regarding the Services and replace any prior agreements.

Links

You may link to our homepage in a fair and legal way that does not damage our reputation. We reserve the right to withdraw linking permission without notice.

No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our rights.

Security

We do not guarantee that the Services will be secure or free from viruses. You are responsible for your own security and virus protection.

Severability

If any provision is found invalid by a court, the remaining Terms will continue in effect.

Counter-Notice

If we receive a counter-notice regarding alleged infringement, we may notify the original complaining party and may replace or restore the content at our discretion.

Exports

You agree not to export or re-export the Services or related materials without appropriate licenses.

12. Dispute Resolution

A. Informal Resolution Process

If a dispute arises, both parties agree to first attempt to resolve it amicably. The initiating party must notify the other, who has 60 days to respond. If unresolved, either party may file legal action. This informal process is a prerequisite to any legal action.

B. Exclusive Venue

These Terms and any disputes arising from them are governed by the laws of the State of California. Any legal actions must be filed in the U.S. District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles.

C. One-Year Limitation Period

YOU AND GYMLIVE AGREE THAT ANY LEGAL ACTION ARISING OUT OF THESE TERMS MUST BE INITIATED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM.

13. App Stores

Apple App Store Users

By downloading the Platform from Apple devices or the App Store:

  • These Terms are between you and Gymlive, not Apple.
  • Apple is not responsible for the Platform or its content.
  • In case of failure, you may notify Apple for a refund.
  • Apple is not responsible for addressing any claims.
  • You represent that you are not in a country subject to a U.S. Government embargo.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms.

Windows Phone Store Users

By downloading the Platform from the Windows Phone Store:

  • You may install and use the Platform on up to five Windows Phone devices.
  • Microsoft and related parties have no obligation to provide support.

Amazon Appstore Users

By downloading the Platform from the Amazon Appstore:

  • The Amazon Appstore Terms of Use apply if there is a conflict with these Terms.
  • Amazon is not responsible for compliance by Gymlive or users.

Google Play Users

By downloading the Platform from Google Play:

  • The Google Play Terms of Service apply if there is a conflict with these Terms.
  • Google is not responsible for compliance by Gymlive or users.

14. Contact Us

You can reach us at Support or write to:

Gymlive HQ
Dame Street Dublin
Dublin 2