Welcome to HealthBOOM!
The HealthBOOM website (HealthBOOM.co referred to as „HealthBOOM“) was created to give you Health and fitness content in the form of articles and videos and to help you connect with like minded people around the word. HealthBOOM is not aimed at users under the age of eighteen (18).
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of HealthBOOM. By using HealthBOOM, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the HealthBOOM website) or you are a “Member” (which means that you have registered on HealthBOOM as a user). If you do not accept the terms of this Agreement, you should leave the HealthBOOM website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on HealthBOOM. You agree to be bound by any modification to this Agreement when you use HealthBOOM after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Hong Kong or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on HealthBOOM (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HealthBOOM reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on HealthBOOM is void where prohibited.
Content (as defined in Section 6 of this Agreement) on HealthBOOM is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Skyrocket. Skyrocket reserves all rights not expressly granted in and to HealthBOOM and the Content.
You may access HealthBOOM and its Content as available:
- for your information and personal use;
- as intended through the normal functionality of the Skyrocket Service; and
- for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Skyrocket Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing HealthBOOM videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a HealthBOOM instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on HealthBOOM. Skyrocket is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing HealthBOOM videos. Nothing contained in HealthBOOM should be construed as any form of such medical advice or diagnosis.
By using HealthBOOM you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from HealthBOOM, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Skyrocket, or any person or entity involved with HealthBOOM and Skyrocket, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
HealthBOOM and any content offered by Skyrocket is not directed to persons under eighteen (18) years of age, and by providing information about yourself to HealthBOOM you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on HealthBOOM, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Skyrocket of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Skyrocket. Skyrocket will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- 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;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without Skyrocket’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses HealthBOOM in a manner that sends more request messages to the Skyrocket servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7.1. Responsibility for Content
Skyrocket does not control the Content posted via HealthBOOM and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Skyrocket be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7.2. Your Content
You, and not Skyrocket, are entirely responsible for all Content that you post, email, transmit or otherwise make available via HealthBOOM.
By posting or transferring Content to HealthBOOM, you give skyrocket permission to use your Content to provide HealthBOOM services, including, without limitation, storing, displaying, reproducing, and distributing your content. This may include promoting your Content with partner companies or services for broader broadcast, distribution, or publication. We will never sell your content to third parties without your explicit permission.
By publishing on HealthBOOM, you agree to allow others to view your Content.
We don’t pre-screen user Content, but we have the right (though no obligation) to refuse or remove any content you post or transfer to HealthBOOM for any reason.
Editing and deleting your Content is only possible if it has not been made public (i.e. accessible for logged out users). skyrocket may or may not delete your Content upon request. skyrocket retains, but does not publicly display, backup copies of your deleted Content on our servers for 30 days after you delete your account. If you delete your account or Content, it may be permanently unrecoverable.
You are responsible for the Content you submit to HealthBOOM and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the Content on HealthBOOM, and that doing so does not conflict with any other licenses you’ve granted.
8. Rejection/Removal of Content
You acknowledge that Skyrocket may or may not pre-screen Content posted on HealthBOOM, that Skyrocket is not responsible for behavior or comments of teachers and/or students and/or music on HealthBOOM, but that Skyrocket shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Skyrocket shall have the right to remove from HealthBOOM any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Skyrocket.
If you become aware of misuse of the Service by any person, please contact us.
9. Termination or Suspension of Account
You agree that Skyrocket may at any time and for any reason, including a period of account inactivity, terminate your access to Skyrocket Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
11. Security Components
You understand that HealthBOOM and software embodied within HealthBOOM may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Skyrocket and/or content providers who provide content to the HealthBOOM platform and Skyrocket. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into HealthBOOM.
12. Proprietary Rights
All materials on HealthBOOM, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Skyrocket or by third parties that have licensed or otherwise provided their material to Skyrocket. You acknowledge and agree that all Materials on HealthBOOM are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this HealthBOOM, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Skyrocket’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize HealthBOOM or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Skyrocket. Unauthorized framing of or linking to any of HealthBOOM is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through HealthBOOM or the Service, you hereby grant to Skyrocket a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through HealthBOOM, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Skyrocket has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Skyrocket’s servers after the Content appears to have been removed from HealthBOOM, and Skyrocket retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through HealthBOOM or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through HealthBOOM or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Skyrocket and Third Parties
HealthBOOM contains Content of Skyrocket, and Content of third party licensors to Skyrocket (including content provided by users of HealthBOOM, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Skyrocket owns and retains all rights, title and interest in the HealthBOOM Content. skyrocket hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the HealthBOOM Content and any third party Content located on or available through HealthBOOM or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing HealthBOOM and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through HealthBOOM or Service.
Any dealings with third parties included within or on HealthBOOM involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Skyrocket is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on HealthBOOM does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Skyrocket or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on HealthBOOM is provided to you for informational purposes only. Skyrocket encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Skyrocket works to ensure the information on HealthBOOM is current and accurate, Skyrocket does not warrant the accuracy of any information contained on HealthBOOM (including information provided by instructors) or its fitness for any particular purpose.
16. External links
The HealthBOOM website contains links to external and to third party websites. The HealthBOOM website does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the HealthBOOM website in question.
The HealthBOOM website does not operate or control and does not have any responsibility for any information, products and/or services found on external websites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement of implied warranties of merchantability or fitness for a particular purpose.
People who visit the HealthBOOM website are assumed to take their own responsibility and risk in using any external sites. Visitors should report any concerns or dissatisfaction regarding any external link to its site administrator or webmaster.
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside.
19. Infringement Policy
Skyrocket reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or HealthBOOM by any user who is alleged to have infringed on the intellectual property rights of Skyrocket or of a third party, or otherwise violated any intellectual property laws or regulations. Skyrocket’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Skyrocket to delete, edit, or disable the material in question, you must provide Skyrocket with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Skyrocket to locate the material; (d) information reasonably sufficient to permit Skyrocket to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to us by e-mail with a return receipt acknowledgement.
20. Member Disputes
You are solely responsible for your interactions with other Members. Skyrocket reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
21. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of HealthBOOM.
- Subscription termination: You may terminate your subscription membership at any time, for any reason, by following the instructions on HealthBOOM. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
- Lifetime access termination: You may terminate your subscription membership at any time, for any reason, by following the instructions on HealthBOOM. However, HealthBOOM does not give refunds. This means that your termination will only result in the deletion of the account.
Skyrocket reserves the right to terminate your account or your access to HealthBOOM immediately, with or without notice to you, and without liability to you, if Skyrocket believes that you have breached any of the terms of this Agreement, furnished Skyrocket with false or misleading information, or interfered with use of HealthBOOM or the Service by others.
- Subscription pricing: When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Skyrocket later increases the price of the subscription, Skyrocket will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
- Lifetime access pricing: At certain occasions HealthBOOM offers lifetime subscription accounts. These accounts can only be purchased during dedicated limited time periods as specified in the product descriptions. When you purchased your HealthBOOM license, we will clearly state whether you are buying a limited time subscription or a lifetime access pass. In case you wish to upgrade your subscription to a lifetime pass, you will have to make a new purchase. We do not offer refunds for subscription payments you have already made in the past.
- Account sharing is not allowed: Members of HealthBOOM may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Skyrocket as fraudulent use of HealthBOOM, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
- Refunds: Upon purchase, every customer receives a unique registration code, which can be used to create a HealthBOOM account. Refunds are generally only given for registration codes that have not been activated (i.e. entered to create an account) and within 7 days after purchase.
- Fraud: Skyrocket reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Our editors typically include images or videos as part of their blog posts and the images that they are authorized to use is the following:
- Images/videos that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
- Images/videos that are licensed from vendors
- Images/videos that are published on YouTube, Vimeo, Photobucket, Flickr or other public photo and video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- Images/videos that are supplied by readers, with the implied representation that the person submitting the image/video owns the copyright in the image/video and the right to give it to us for use on our site
- Images/videos that are commissioned by skyrocket Sites
Images that we believe to be covered by the Fair Use Doctrine, such as:
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
- Images/videos used in a transformative manner, such as parody
- Images/videos that are widely distributed that they have become part of the news
- Images/videos that are used to illustrate a newsworthy story, where the image itself tells a story
If skyrocket Sites receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
24. Contest disclaimer
The maximum number of entries per person allowed during any contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in this contest. skyrocket is are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating, all entrants agree to abide by these official contest rules.
In consideration for your participation in the contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the skyrocket and the HealthBOOM website, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in the contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in the contest not to be construed as an admission of any liability and acceptance of assumption of responsibility by skyrocket and the HealthBOOM website, its officers, board and employees, jointly and severally, for all damages and expenses for which skyrocket and the HealthBOOM website, its officers, board and employees, become liable as a result of any alleged act of the parade participant.
The prize is non-transferable and cannot be exchanged for cash.
skyrocket reserves the right to offer alternative prize if any prize is not available or under special situation.
25. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF HealthBOOM SHALL BE AT YOUR SOLE RISK. HealthBOOM AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SKYROCKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH HealthBOOM AND YOUR USE THEREOF. SKYROCKET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF HealthBOOM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO HealthBOOM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF HealthBOOM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SKYROCKET SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HealthBOOM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH HealthBOOM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HealthBOOM.
SKYROCKET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH HealthBOOM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SKYROCKET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
26. Limitation on Liability
IN NO EVENT SHALL SKYROCKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF HealthBOOM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SKYROCKET SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HealthBOOM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH HealthBOOM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HealthBOOM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SKYROCKET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SKYROCKET SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON HealthBOOM DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY SKYROCKET OR ANY OF ITS EMPLOYEES. SKYROCKET IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON HealthBOOM OR THIRD PARTY WEB PAGE ACCESSED FROM HealthBOOM, NOR DOES SKYROCKET WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
SKYROCKET RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON HealthBOOM THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON HealthBOOM.
27. Exclusions and Limitations
Those who access or use HealthBOOM from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Skyrocket, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to HealthBOOM; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of HealthBOOM.
29. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through HealthBOOM, to obtain certain premium Content through HealthBOOM, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
30. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of HealthBOOM (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or HealthBOOM.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skyrocket without restriction.
32. Integration Clause
33. Waiver and Severability of Terms
The failure of Skyrocket to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
34. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HealthBOOM, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
35. Governing Law and Venue
This Agreement shall be governed by the laws of Hong Kong, without respect to its conflict of laws principles. Any claim or dispute between you and Skyrocket that arises in whole or in part from HealthBOOM shall be decided exclusively by a court of competent jurisdiction located in Hong Kong.
You agree that: (a) HealthBOOM shall be deemed solely based in Hong Kong; and (b) the HealthBOOM website shall be deemed a passive website that does not give rise to personal jurisdiction over Skyrocket, either specific or general, in jurisdictions other than Hong Kong.
36. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Skyrocket reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of HealthBOOM following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or HealthBOOM, feel free to contact us.