PLEASE READ THIS LABMINUTES COMMUNITY ACCEPTABLE USE POLICY (the “Agreement”) CAREFULLY. BY USING OR POSTING ON THE LABMINUTES FORUM, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, “YOU” OR “USER”) TO THIS AGREEMENT WITH LABMINUTES (“WE” or “LABMINUTES”). IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS POST OR OTHERWISE ACCESS THE LABMINUTES COMMUNITY WEBSITE OR WEBPAGES.
1. Background. LabMinutes Communities is a web site (“Communities” or "Site") developed by or for LabMinutes enabling social networking opportunities (the “Services”) among Users. These Services allow Users to create personal profiles (each, a “Profile”) that can be searched and viewed by other Users. The Services also support discussion forums, chat, electronic messaging, survey tools, blogs, wikis or other collaborative tools that LabMinutes elects to make available in its discretion. LabMinutes may modify, enhance, restrict or terminate the Services in its discretion at any time and without notice.
2. Rules and Regulations. This Agreement sets forth the legally binding terms for the Labminutes Community Website. This Agreement covers all of your visits to Communities and any use of the Services. If you stop visiting the Communities, this Agreement remains in effect.
a. Amendments/Other Terms. LabMinutes may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. LabMinutes will exercise commercially reasonable efforts to provide notice to you of any material changes to the Agreement. Within three (3) business days of posting changes to the Agreement, they will be binding upon you. If you do not agree with the changes, you should discontinue using Communities and remove your account. If you continue using Communities after such three-business-day period, you will have accepted the changes to the terms of this Agreement. In order to participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.
b. Posting Content. Much of the information on Communities is posted by Users. Please choose carefully the information you post, either in a Profile or elsewhere on Communities. You are solely responsible for what you post. The following is a partial list of what you are prohibited from posting:
• Content or images containing nudity, or materials that may be considered obscene, lewd, excessively violent, harassing, explicit or otherwise objectionable;
• Anything unlawful, libelous, threatening, obscene, discriminatory or otherwise objectionable in LabMinutes’s sole discretion;
• Information prohibited from disclosure under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Any information or data that misrepresents the identity, characteristics or qualifications of you or any other person, including but not limited to the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present;
• Any unsolicited or unauthorized advertising, promotional materials, “spam,” ”chain letters,” “pyramid schemes” or any similar form of solicitation. This prohibition includes but is not limited to a) using invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using the Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases for purposes of spamming;
• Content that infringes the copyright, trademark, patent, trade secret or other intellectual property rights of anyone;
• Anything that disrupts or interferes with the Services;
• Any virus, malware or other harmful code;
• Any other content that, in LabMinutes’s sole discretion, undermines the purpose of Communities or otherwise reflects unfavorably upon LabMinutes, its partners, affiliates or customers.
Be advised that other Users may violate one or more of the above prohibitions, but LabMinutes assumes no responsibility or liability. If you become aware of misuse on Communities by any person, please report to the moderator with the link to the topic. LabMinutes may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Profiles. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will LabMinutes be liable in any way for any data or other content on Communities, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on Communities. If at any time you are not happy with Communities or the Services or object to any material on the Communities, your sole remedy is to cease using Communities.
c. Monitoring. Nothing in this Agreement shall require LabMinutes to monitor or edit the Communities for objectionable or infringing materials. If at any time LabMinutes chooses, in its sole discretion, to monitor or edit Communities, LabMinutes nonetheless assumes no responsibility for anything submitted by Users, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any User. LabMinutes does not endorse and has no control over what Users post or submit to Communities. LabMinutes reserves the right, in its sole discretion, to reject, refuse to post or remove any Profile, posting or other data, or to restrict, suspend, or terminate any User’s access to all or any part of Communities at any time, for any or no reason, with or without prior notice, and without liability. You agree that LabMinutes has no liability whatsoever if it LabMinutes refuses to post your submissions or edits, restricts or removes your submissions.
d. Laws and Reporting. You may not use Communities in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior and acceptable content. Additionally, you agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. LabMinutes reserves the right to investigate and take appropriate action against anyone who, in LabMinutes’s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Services is void where prohibited.
3. Eligibility. The LabMinutes communities forum is available to all and any users but please be aware, user accounts may be suspended or removed from the system by LabMinutes for any reason. Your Profile may be deleted and your access may be terminated without warning if we believe that you have violated our terms and conditions.
4. Password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the username or password of another User at any time or to disclose your password to any third party. You agree to notify LabMinutes immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your login information (username and/or password).
5. Transfers/Competitive Use. You may not trade, sell or otherwise transfer your account to any other person without LabMinutes’s written consent. You may not use out website to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies that, in LabMinutes’s sole and absolute discretion, compete with the products, services, solutions or technologies of LabMinutes.
6. Ownership /Licenses
a. LabMinutes does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that Users upload to Communities or transmit via the Services ("User Content" or your “Content”). However, by uploading Content to Communities, transmitting Content using the Services or otherwise providing Content to LabMinutes, you grant to LabMinutes a world-wide, royalty-free, sublicensable (so LabMinutes affiliates or contractors can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering Communities and/or the Services. LabMinutes will treat any User Content as non-confidential and public. Please do not submit confidential or private information. You also agree that any other User of Communities may access, view, store or reproduce your Content for such User's personal use or otherwise in connection with use of Communities.
b. The Communities also contain content owned by or licensed to LabMinutes ("LabMinutes Content"). LabMinutes owns and retains all rights in the LabMinutes Content and the Services, including all intellectual property rights. LabMinutes hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the LabMinutes Content (excluding any software code) solely for your personal use to view the Communities and otherwise as necessary to use the Services. Except as set forth above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of LabMinutes or any third party. All licenses not expressly granted by LabMinutes are reserved.
7. Copyright. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. LabMinutes may deny access to Communities any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8. User Disputes. You are solely responsible for your interactions with other Users. LabMinutes reserves the right, but has no obligation, to monitor disputes between you and other Users.
9. Privacy. Use of LabMinutes Communities is also subject to our Privacy Statement. Additionally, you understand and agree that LabMinutes may contact you via e-mail or otherwise with information relevant to your use of Communities. You also agree to have your name and/or email address listed in the header of certain communications you initiate through the Services.
10. Additional Disclaimers.
a. Third Party Content. Communities may contain links to other websites. LabMinutes is not responsible for any content, messages or information on such websites. Such websites are in no way investigated, monitored or checked by LabMinutes. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by LabMinutes. When you access these third-party sites, you do so at your own risk. LabMinutes takes no responsibility for third party advertisements which may be posted on the Communities, nor does it take any responsibility for the goods or services provided by any advertisers.
b. Technical Errors. LabMinutes assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User communication. LabMinutes is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from using Communities.
c. “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, LabMinutes SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF LABMINUTES.COM COMMUNITIES, THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE COMMUNITY PAGES ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND LabMinutes EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LabMinutes DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. LabMinutes CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF COMMUNITIES. USE IS AT YOUR OWN RISK.
11. Indemnity. You agree to defend, indemnify and hold LabMinutes, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by party arising out of or related to: (i) your use of Communities; (ii) your breach of this Agreement; or (iii) your Content.
12. Limitation on Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL LabMinutes BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE COMMUNITIES, EVEN IF LabMinutes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LabMinutes’S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS (USD $1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Disputes. If there is any dispute about or in any way involving the LabMinutes Communities, you agree that the dispute shall be governed by the laws of the State of California, USA.
14. Costs and Fees. Labminutes Communities is provided at no charge to User and User shall be solely responsible for any costs and expenses it incurs because of Communities. You acknowledge and agree that LabMinutes may later require Users to pay a fee to continue to use the Services or to use the Web Site.
15. Trademarks. The trademarks, logos and service marks ("Marks") displayed on Communities are the property of LabMinutes or other third parties. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark. Users receive no license to and are not permitted to use these Marks.
16. Attacks, "Flames", Abuse and Defamation. No posts that insult, attack, "flame", abuse, or defame members or non-members. Material that is knowingly illegal, defamatory, threatening, abusive or harasses anyone is strictly prohibited. As with anything, you, as a community member, should use good and common sense when posting on LabMinutes Communities. Posts containing any and all personal attacks on another one of our users will be edited or deleted with no warning or consent and your account will be suspended.
17. Allowed posting material. If what you are posting should not be viewed by minors, then it should not be posted to the LabMinutes Communities forums or in our chat rooms. LabMinutes Communities is meant to be a public and family-friendly forum and user base. In addition, if you believe that something would not be considered “work safe” at your work place (for example to a boss or co-worker), then it should not be posted here.
18. Off-topic posts. No posts which are not relevant to the topic being discussed or posts which are off topic. Posts which are not relevant to the forum topic may be deleted at the moderator's discretion.
19. General. This Agreement constitutes the entire agreement between you and LabMinutes regarding the use of Communities. The failure of LabMinutes to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
