October 1, 2015
Welcome to LABCITIES. The following Terms of Service for the LABCITIES website and related services, applications, domains and networks offered by ANTARCTIC PALMTREES LIMITED (“LABCITIES Service”) is a legal contract between you, either an individual of at least 18 years of age or a single entity (“You” or, collectively, “Users”), and ANTARCTIC PALMTREES LIMITED regarding your use of the LABCITIES Service. The LABCITIES Service is not available to persons under the age of 18 or to any users previously suspended or removed from the LABCITIES Service by ANTARCTIC PALMTREES LIMITED.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE LABCITIES SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH LABCITIES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION).
BY CLICKING THE “REGISTER” BUTTON OR BY USING THE LABCITIES SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE LABCITIES SERVICE.
The LABCITIES Service is offered by ANTARCTIC PALMTREES LIMITED, to be contacted at e-mail: firstname.lastname@example.org
At its sole discretion, ANTARCTIC PALMTREES LIMITED reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the LABCITIES Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the LABCITIES Service.
When using the LABCITIES Service, you will be subject to any additional posted guidelines, rules or additional terms applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
When you use the LABCITIES Service to upload and/or download or purchase content or any products, services, or information from LABCITIES, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to ANTARCTIC PALMTREES LIMITED on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify ANTARCTIC PALMTREES LIMITED. You may be liable for the losses incurred by ANTARCTIC PALMTREES LIMITED or others due to any unauthorized use of your LABCITIES Service account.
It is ANTARCTIC PALMTREES LIMITED's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. ANTARCTIC PALMTREES LIMITED will promptly terminate without notice any User's access to the LABCITIES Service if that User is determined by ANTARCTIC PALMTREES LIMITED to be a “repeat infringer.” A repeat infringer is a User who has been notified by ANTARCTIC PALMTREES LIMITED of infringing activity violations more than twice and/or who has had an User Submission or any other user-submitted content removed from the LABCITIES Service more than twice. “User Submission” as used herein means the upload and distribution of authorized digital content by a User of the LABCITIES Service.
Subject to your compliance with the terms and conditions set out in this Terms of Service, ANTARCTIC PALMTREES LIMITED hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the LABCITIES Service to (i) view, use and access “User Submissions, (ii) to view, use, and access any other content from the LABCITIES Service; and (iii) to participate in any other programs, services, or features of the LABCITIES Service now or hereafter made available by ANTARCTIC PALMTREES LIMITED.
Use of the LABCITIES Service is for personal, non-commercial use only, except (i) organizations that are commercial entities may use the LABCITIES Service in the manner to make their User Submissions available on the LABCITIES Service as contemplated herein; (ii) commercial entities may use, or license their use of the LABCITIES Service to third parties, provided that such commercial entity participates in the symbiotic nature of the LABCITIES Service by contributing its own User Submissions from time to time; and (iii) Users may participate in any programs now or hereafter provided by ANTARCTIC PALMTREES LIMITED to permit the sale of copies, licensing or advertising opportunities for Commercial Content in accordance with LABCITIES’s applicable Guidelines for such programs as communicated from time to time. As used herein, the term “Commercial Content” means any User Submissions or other content made available by Users or third-party content providers for a user fee or for other financial remuneration.
You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses the LABCITIES Service in a manner that sends more request messages to the LABCITIES Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the LABCITIES Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the LABCITIES Site. ANTARCTIC PALMTREES LIMITED reserves all rights not expressly granted in this Terms of Service. You acknowledge that ANTARCTIC PALMTREES LIMITED may automatically issue upgraded versions of the software and systems comprising the LABCITIES Service and, accordingly, may upgrade the version of the LABCITIES Service that you are using. ANTARCTIC PALMTREES LIMITED reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the LABCITIES Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
The following license includes the right for ANTARCTIC PALMTREES LIMITED to convert your User Submissions to ANTARCTIC PALMTREES LIMITED’s proprietary format, or such other file formats as may be used by ANTARCTIC PALMTREES LIMITED, and to display and make your User Submissions available, in whole or in part, on the LABCITIES Service in association with other User Submissions, content and advertising that may appear on the LABCITIES Service. Subject to the license grant to other LABCITIES Service users below, the following license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the LABCITIES Service. By distributing or disseminating User Submissions through the LABCITIES Service, you hereby grant to ANTARCTIC PALMTREES LIMITED a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your User Submissions, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your User Submissions through the LABCITIES Service.
Users may have the option of specifying terms under which User Submissions are licensed. ANTARCTIC PALMTREES LIMITED may implement a feature into the LABCITIES Service which Users have “Privacy Lock” options to specify terms of which each User Submission is licensed:
1) “Public” under which any User of the LABCITIES Service can use and access a User’s User Submission;
2) “Protected” under which only those friends selected and authorized by each User may use and access a User’s User Submission; and
3) “Private” under which only the User contributing the User Submission may use and access such User Submission.
If you specified terms under which your User Submissions are licensed, by distributing or disseminating User Submissions through the LABCITIES Service, you hereby grant to each User that is authorized to access your User Submissions a non-exclusive license to access and use your User Submissions under the terms selected by you. If you did not specify terms under which your User Submissions are released or opt out of any licenses automatically granted to Users of the LABCITIES Service, you hereby grant to each User that is authorized to access your User Submissions a limited, non-exclusive, personal license to access and use such User Submission in the manner contemplated by these Terms and the LABCITIES Service, including without limitation, the right to remix, clip, add or delete your User Submission, in whole or in part, as part of any personalized User digital scrapbook or other customized digital presentation or file format, and including the right to view, print and download the foregoing for such User’s personal, non-commercial use. The foregoing license granted by you is modified to reflect your preferences, or terminated, as to a specific User Submission once you modify the Privacy Lock or any other such options pertaining such User Submission, or remove or delete such User Submission from the LABCITIES Service. The foregoing is subject to the rights of Users who have downloaded any User Submission to retain such downloaded or printed copy or copies. Such User will retain any rights originally granted upon the download of the User Submission.
By uploading and publishing your User Submissions, you affirm, represent, and warrant that:
1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize ANTARCTIC PALMTREES LIMITED and LABCITIES's Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by ANTARCTIC PALMTREES LIMITED and this Terms of Service;
2) Your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (iii) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the LABCITIES Service.Violators of these third-party rights may be subject to criminal and civil liability. ANTARCTIC PALMTREES LIMITED reserves all rights and remedies against any Users who violate this Terms of Service.
Further, you understand that when using the LABCITIES Service you will be exposed to User Submissions from a variety of sources, and that ANTARCTIC PALMTREES LIMITED is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ANTARCTIC PALMTREES LIMITED with respect thereto. ANTARCTIC PALMTREES LIMITED does not endorse any User Submissions or any opinion, recommendation or advice expressed therein, and ANTARCTIC PALMTREES LIMITED expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to this Terms of Service, ANTARCTIC PALMTREES LIMITED may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time and without notice. For clarity, ANTARCTIC PALMTREES LIMITED does not permit copyright infringing activities on the LABCITIES Service.
YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:
1) Use the LABCITIES Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the LABCITIES Service as such services are offered by ANTARCTIC PALMTREES LIMITED;
2) Delete the copyright or other proprietary rights on the LABCITIES Service or User Submissions;
3) Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the LABCITIES Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
4) Use the LABCITIES Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libellous, or inaccurate User Submissions or other content;
5) Defame, harass, abuse, threaten or defraud Users of the LABCITIES Service, or post, upload, or distribute any User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the LABCITIES Service for any commercial use, it being understood that the content available on the LABCITIES Service is for personal, non-commercial use only;
6) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
7) Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the LABCITIES Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the LABCITIES Service, or perform any other similar fraudulent activity;
8) Hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the LABCITIES Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the LABCITIES Service, or features that enforce limitations on the use of the LABCITIES Service or User Submissions, or intentionally interfere with or damage operation of the LABCITIES Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the LABCITIES Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
10) Modify, adapt, translate or create derivative works based upon the LABCITIES Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
11) Remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), LABCITIES brand elements, including logos, trademarks, service marks or other Materials displayed by ANTARCTIC PALMTREES LIMITED in connection with the LABCITIES Service in any manner whatsoever, regardless of your use of the embedding functionality of the LABCITIES Service to display authorized content on your or other third party sites.
The LABCITIES Service may include links or references to other web sites or services solely as a convenience to Users (“Linked Sites”). ANTARCTIC PALMTREES LIMITED does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LABCITIES Service are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
You agree that ANTARCTIC PALMTREES LIMITED, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the LABCITIES Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. ANTARCTIC PALMTREES LIMITED may also in its sole discretion and at any time discontinue providing access to the LABCITIES Service, or any part thereof, with or without notice. You agree that any termination of your access to the LABCITIES Service or any account you may have or portion thereof may be effected without prior notice, and you agree that ANTARCTIC PALMTREES LIMITED will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ANTARCTIC PALMTREES LIMITED may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the LABCITIES Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) the LABCITIES Service, (ii) any term of this Terms of Service, (iii) any policy or practice of ANTARCTIC PALMTREES LIMITED in operating the LABCITIES Service, or (iv) any content or information transmitted through the LABCITIES Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the LABCITIES Service.
Your privacy is important to ANTARCTIC PALMTREES LIMITED. LABCITIES's Privacy and Cookies Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to LABCITIES's collection, use, and disclosure of your personal information.
The LABCITIES Service is owned and operated by ANTARCTIC PALMTREES LIMITED. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the LABCITIES Service provided by ANTARCTIC PALMTREES LIMITED (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the LABCITIES Service are the property of ANTARCTIC PALMTREES LIMITED or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ANTARCTIC PALMTREES LIMITED or its affiliates and/or third-party licensors. Except as expressly authorized by ANTARCTIC PALMTREES LIMITED, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. ANTARCTIC PALMTREES LIMITED reserves all rights not expressly granted in this Terms of Service
You agree to indemnify ANTARCTIC PALMTREES LIMITED, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the LABCITIES Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. ANTARCTIC PALMTREES LIMITED reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ANTARCTIC PALMTREES LIMITED, and you agree to cooperate with ANTARCTIC PALMTREES LIMITED’s defense of these claims. Upon notice of any impending claim, action or proceeding, ANTARCTIC PALMTREES LIMITED will use reasonable efforts to notify of any indemnification obligation.
ANTARCTIC PALMTREES LIMITED, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANTARCTIC PALMTREES LIMITED OR THROUGH THE LABCITIES SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES ANTARCTIC PALMTREES LIMITED’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE LABCITIES SERVICE IS AT YOUR SOLE RISK. THE LABCITIES SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LABCITIES SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. ANTARCTIC PALMTREES LIMITED, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE LABCITIES SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. ANTARCTIC PALMTREES LIMITED, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LABCITIES SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE LABCITIES SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANTARCTIC PALMTREES LIMITED OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE LABCITIES SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH LABCITIES OR OTHER LABCITIES SERVICE USERS, EVEN IF ANTARCTIC PALMTREES LIMITED OR AN ANTARCTIC PALMTREES LIMITED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ANTARCTIC PALMTREES LIMITED’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ANTARCTIC PALMTREES LIMITED OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LABCITIES SERVICE OR YOUR INTERACTIONS WITH LABCITIES OR OTHER LABCITIES SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LABCITIES SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ANTARCTIC PALMTREES LIMITED AND RECEIVED THROUGH OR ADVERTISED ON THE LABCITIES SERVICE OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT ANTARCTIC PALMTREES LIMITED HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ANTARCTIC PALMTREES LIMITED, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ANTARCTIC PALMTREES LIMITED. ANTARCTIC PALMTREES LIMITED WOULD NOT BE ABLE TO PROVIDE THE LABCITIES SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You agree to comply with all export laws and restrictions of any sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of a government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
ANTARCTIC PALMTREES LIMITED may provide you with notices, including those regarding changes to ANTARCTIC PALMTREES LIMITED’s terms and conditions, by email, regular mail or postings on the LABCITIES Service. Notice will be deemed given twenty-four hours after email is sent, unless ANTARCTIC PALMTREES LIMITED is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the LABCITIES Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the LABCITIES Service is deemed given 30 days following the initial posting. The failure of ANTARCTIC PALMTREES LIMITED to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ANTARCTIC PALMTREES LIMITED. These Terms will be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law. For Users residing outside Belgium and using the LABCITIES Service in another territory, any dispute or claim arising out of or in connection with these Terms or your use of the LABCITIES Services shall be finally settled by binding arbitration in Antwerp. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing inside Belgium and using the LABCITIES Service in the United Kingdom, you agree that any action at law or in equity arising out of or relating to these Terms or ANTARCTIC PALMTREES LIMITED as an entity will be filed only in the courts in and for Antwerp, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ANTARCTIC PALMTREES LIMITED without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and ANTARCTIC PALMTREES LIMITED relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by ANTARCTIC PALMTREES LIMITED as set forth above.
YOU AND ANTARCTIC PALMTREES LIMITED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LABCITIES SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.