Terms Of Use

© 2015-2017 OakLabs GmbH

Scope

OakLabs GmbH created the interactive platform (“Site”) PCRdrive from and for PCR users. It provides website features (“Services”) enabling researchers and scientists to efficiently plan, organise and manage all their PCR-related lab routines. Furthermore it connects them to other scientists and experienced global players in the industry for getting all information needed for their daily work. OakLabs GmbH provides the PCRdrive Site and Services subject to following conditions.

Acceptance of Terms of Use

Unless otherwise agreed to, your access and use of the PCRdrive Site, or any Services provided, PCRdrive Services, are subject to these conditions (“TOU”). Your use of Site and Services may also be subject to the PCRdrive Private policy, disclaimers, legal notices, or other legal agreements, which may posted on the PCRdrive Site where applicable. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using Site and/or Services, you accept and agree the terms of this TOU. If you do not agree to the terms of this TOU, you must not attempt to access or use PCRdrive Site and/or Services.

Changes and Notices

We reserve the right, at our sole discretion, to change or modify the TOU at any time. If we do so, we will post the changes to the TOU on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site and/or Services after any such changes constitutes your acceptance of the modified TOU. If you do not agree to abide by the TOU, do not use or access (or continue to use or access) the Site and/or Service. It is your responsibility to regularly check for changes to these TOU and to review such changes. Nothing in these TOU shall be deemed to confer any third-party rights or benefits to you.

Eligibility

Membership in the Service is void where prohibited. The Service is intended solely for research scientists in the life-sciences who are eighteen (18) years of age or older. By using the Service, you represent and warrant that you are 18 years or older, and that you agree to abide by all of the terms and conditions of these TOU and the PCRdrive Privacy Policy.

Registration Data; Account Security

When you use the Service, you agree to

  • provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data");
  • maintain the security of your password and identification;
  • maintain and promptly update your Registration Data, and any other information you provide to PCRdrive, to keep it accurate, current and complete; and
  • be fully responsible for all use of your account and for any actions that take place using your account. You must notify PCRdrive immediately of any breach of security or unauthorized use of your account by contacting us at privacy@pcrdrive.com. PCRdrive is not liable for any losses caused by any unauthorized use of your account. You may be responsible for losses incurred by PCRdrive or others due to such unauthorized use.

PCRdrive Web Site and Service Content

The following Terms govern the content of the PCRdrive Service

Content that you post. You are solely responsible for all information, including but not limited to, photos, profiles (including your name, image, and likeness), messages, notes, text, information, audio, video (collectively "User Content") that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other Members. You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that we may, but are not obligated to, review and delete or remove (without notice) any content in our sole discretion. You are solely responsible at your cost and expense for creating backup copies and replacing any User Content you post or store on or through the Service. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

Site Content. All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, audio, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of OakLabs GmbH, its Members or its licensors with all rights reserved. You may not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, any Site Content without OakLabs GmbH's prior written permission. The foregoing does not apply to your own User Content that you legally post through the Services.

Your license to OakLabs GmbH. OakLabs GmbH does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these TOU, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. However, OakLabs GmbH needs certain rights to and in User Content in order to make the Services available. Accordingly, you grant to OakLabs GmbH a non-exclusive, royalty-free, perpetual, world-wide, transferable license with the right to grant sublicenses through multiple tiers of sublicensees to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to render or deliver the Services. This license enables OakLabs GmbH to provide the Services and provide access to User Content as you request in connection with the operation of the Services and is not intended to otherwise limit your rights to your User Content. OakLabs GmbH reserves the right to display advertisements in connection with User Content and to use User Content for advertising and promotional purposes. You may remove your User Content from the Site and/or Services at any time. If you choose to remove your User Content, you acknowledge that OakLabs GmbH may retain archived copies of that User Content.

Content posted on community pages If you choose to upload, post, display or otherwise make available User Content to our Lab or Community pages, you hereby grant each Member and User of the Services that has access to your Lab page or the Community pages a non-exclusive, royalty-free license to access your User Content through the Site, and to use and display such User Content as permitted through the functionality of the Site and under these Terms.

OakLabs GmbH's license to you. Provided that you are eligible for use of the Site, you are granted a limited, personal, non-exclusive, fully revocable, license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these TOU shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Third party content. The Site may contain or otherwise offer access to links to web sites ("Third Party Sites"), articles, photographs, text, graphics, pictures, designs, audio, sound, video, information, applications, software and other content or items belonging to or originating from third parties. OakLabs GmbH is not responsible for any Third Party Sites; the PCRdrive TOU and Privacy Policy do not apply to Third Party Sites. If you decide to access Third Party Sites, you do so at your own risk and you should review the applicable terms and policies.

Misuse of content. OakLabs GmbH may restrict, suspend or terminate any Member or User's access to all or any part of the Site and/or Service at any time, for any or no reason, with our without notice and with no liability to OakLabs GmbH. Any use of the Service and/or the Site Content other than as specifically authorized herein, without the prior written permission of OakLabs GmbH, is strictly prohibited and will terminate the license granted by OakLabs GmbH herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes, for which you are solely responsible.

No endorsement. OakLabs GmbH does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and OakLabs GmbH expressly disclaims any and all liability in connection with User Content. Furthermore OakLabs GmbH is not responsible for the accuracy, usefulness, safety, confidentiality or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is 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 OakLabs GmbH with respect thereto.

Termination and Accountability

You agree not to use the Service or the Site to:

  • harvest or collect email addresses or other contact information of other Members from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass other Members;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another's account, service or system without authorization from OakLabs GmbH, or create a false identity on the Service or the Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgement of OakLabs GmbH, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose OakLabs GmbH or its Members or Users to any harm or liability of any type.

In the event you are in breach with the TOU, OakLabs may, at its sole discretion, suspend or terminate your account and refuse you any current or future use of the Site and the Services.

Intellectual Property Rights

All Intellectual Proprietary Rights to any content of the Site and Services, including without limitation the FAQs, newsletters, product information, software, scripts, interactive features, products, services and the like ("Web site Content") and the trademarks, service marks and logos contained therein ("Marks"), shall belong to OakLabs GmbH. Nothing in this TOU shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of this content for any reason unless otherwise permitted by law.

Copyright Policy

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that you will not use the Site and/or Services to infringe the Intellectual Property Rights of OakLabs GmbH or any others.

If you are a copyright holder and believe that any Content infringes upon your copyright, please contact us at info@pcrdrive.com with detailed information.

User and Member Disputes

You are solely responsible for your interactions with other PCRdrive Members and Users. We reserve the right, but have no obligation, to monitor and adjudicate disputes between you and other Members and Users.

Disclaimers

OakLabs GmbH is not responsible or liable for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service. Although we provide rules for Members and User conduct and postings, we do not control and are not responsible for what Members or Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. OakLabs GmbH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, data loss, theft or destruction or unauthorized access to, or alteration of, Member communications. OakLabs GmbH is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Members's of User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will OakLabs GmbH be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Members or Users, or any interactions between users or Members of the Site, whether online or offline. OakLabs GmbH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. OakLabs GmbH DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. OakLabs GmbH reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by OakLabs GmbH.

Limitation on Liability

IN NO EVENT WILL OakLabs GmbH OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF OakLabs GmbH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OakLabs GmbH's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OakLabs GmbH FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL OakLabs GmbH's LIABILITY TO YOU EXCEED EUR 500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO OakLabs GmbH FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM OakLabs GmbH, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify and hold harmless OakLabs GmbH its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PCRdrive Site, including any User Content or Results; (ii) your violation of any term of these Terms of Use; (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 User Content or your use of any Results caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the PCRdrive Site. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify OakLabs GmbH and its affiliates, officers, directors, employees and agents.

Termination

OakLabs GmbH may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OakLabs GmbH without restriction.

Applicable Law

This site is created and controlled by OakLabs GmbH in Germany. Therefore, the laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to OakLabs GmbH are non-confidential and shall become the sole property of OakLabs GmbH. OakLabs GmbH shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these TOU.

Other

These Terms of Use constitute the entire agreement between you and OakLabs GmbH regarding the use of the Site and/or the Service, superseding any prior agreements between you and OakLabs GmbH relating to your use of the Site or the Service. The failure of OakLabs GmbH to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.