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The terms of this document govern the relationship between the user (“you“) and Lab Cave (“Company“) in respect of your use of the Software and Services. Permission to use the Software and Services is conditional upon you agreeing to the terms set out in this document. The Software and Services are offered to you on condition that you read and accept this document and agree to be bound by its terms. By installing, using or accessing the Software or Services you are considered to have accepted the terms set out in this document. If you do not agree with or otherwise wish to accept the terms set out in this document, do not install, use or access the Software and/or the Services. If you are a minor, you must get your parent or guardian’s permission before installing, using or accessing the Software or Services.
Subject to the terms of this document, the Company grants you a non-exclusive, non-transferable licence to:
The Company retains all right, title and interest to all Intellectual Property rights subsisting in the Software or any part thereof.
The terms of this document (as amended pursuant to clause 21.1), will govern any Updates, unless such an Update is accompanied by a separate licence supplied by the Company in which case the terms of that licence will govern.
You acknowledge and agree that the Company:
Subject to the terms of this document, the Company grants you a non-exclusive, non-transferable and limited licence to use the Services. You can only use the Services in connection with Software offered by the Company.
You acknowledge and agree that you use the Services at your own risk.
The Company can modify or cease to offer the Services, or any part thereof, at any time without prior notice to you.
To the fullest extent permitted by applicable law, the Company does not accept liability for any Claims or Losses arising directly or indirectly from:
In using the Software and/or the Services, you may accrue Virtual Items, whether earned through use of the Software and/or the Services, “purchased” with or by the exchange of other Virtual Items, or “purchased” with legal currency or Provider Credits.
You acknowledge and agree that:
The Software and/or Services may enable you to communicate with other users, or to post materials that may be made publically available.
You acknowledge and agree that:
You can only use the Software and/or Services if the requirements set out below are met. You warrant and represent that the following statements are true and correct:
You agree that you will not:
If you obtained the Software from the iOS App Store, you and the Company acknowledge and agree that:
If you obtained the Software from a Digital Storefront, you and the Company acknowledge and agree that:
Unless otherwise specified or agreed pursuant to a separate written agreement between you and the Company, the Company will not be obliged to support the Software or the Service, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the Software or the Service by you.
You can use third party services:
Your use of third-party services may be subject to fees and separate terms and conditions, and you acknowledge that the Company is not liable for the activities of any such third parties.
The Software and Services may contain links (including via advertisements) to third party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third-party content or services may be subject to separate terms and conditions.
Subject to the remainder of this clause, the licence granted to you in clause 2 is a temporary licence for the exclusive purposes contemplated in this document This licence can be immediately terminated by the Company in the following circumstances:
Upon termination, you or your representative will destroy any remaining copies of the Software and any associated documentation or otherwise return or dispose of such material in the manner directed by the Company.
Termination pursuant to this clause will not affect any rights or remedies which the Company may have otherwise under this document or at law.
Nothing in this clause limits any right the Company may have pursuant to this document to modify the Software by way of Update, including by removing any features from the Software, or to modify or cease offering the Services or any part thereof.
You acknowledge that the Software and Services cannot be guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of this document.
Except as expressly provided to the contrary in this document, and to the full extent permitted by applicable law, the Company will not be liable to you for any Loss, including special, indirect or consequential damages (such as loss of profits), or Claim, arising out of breach of this document or arising out of the supply of defective Software or Services.
Without limiting the preceding paragraph, to the full extent permitted by applicable law, the Company’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by the Company, including the consumer guarantees.
You acknowledge that you have exercised your independent judgment in acquiring the Software and the Services and have not relied on any representation made by the Company which has not been stated expressly in this document or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Company.
If you purchased the Software from the iOS App Store, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other Claims, Losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by the Company in accordance with this document.
Entry into this document does not constitute a transfer or conveyance of any Intellectual Property owned by the Company as at the date of this document, including but not limited to all Intellectual Property associated with the Software and the Services.
You acknowledge that the Software and materials provided in the course of the Services are protected by copyright and may also be protected as other forms of Intellectual Property owned by the Company. You will not during or at any time after the termination of this document undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights and, without limiting the generality of the foregoing, you specifically acknowledge that you must not copy the Software except as otherwise expressly authorised or acknowledged by this document.
The Software and/or the Services may allow you to create Generated Content. To the extent that any Generated Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your Generated Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your Generated Content.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst the Company strives to protect such information, it does not warrant and cannot ensure the security of any information you transmit to it. Accordingly, any information which you transmit to the Company is transmitted at your own risk. Nevertheless, once the Company receives your transmission, it will take reasonable steps to preserve the security of such information.
You must take your own precautions to ensure that the process which you employ for accessing the Software and/or the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. For the removal of doubt, the Company does not accept responsibility for any interference or damage to your Devices which arises in connection with your use of the Software and/or the Services.
The Company reserves the right to amend, revise or replace this document from time to time. Amendments, revisions and replacements will be effective immediately. Your continued use of the Software or Services following such notification represents your agreement to be bound by the terms of this document as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.
No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under this document.
If any provision of this document is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.
This document is governed by, construed, enforced in, and interpreted in accordance with the laws in force in Spain, without regard to its conflicts of law principles or provisions. Any disputes arising out of, in connection with or based upon this document shall be exclusively submitted to the Courts of the city of Madrid (Spain), and each party submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
This document is governed exclusively by the law in force in Madrid, Spain. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Registry of the Federal Court of Spain in that State in respect of all proceedings arising in connection with this document.
You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of the Company which consent can be granted or withheld in the absolute discretion of the Company.
The Company can assign, novate or otherwise transfer any of its rights or obligations under this document at its sole discretion, without notice to you.
Notwithstanding anything else contained in this document, the Company will not be liable for any delay in or failure to comply with this document if such delay or failure is due to unforeseen circumstances or due to circumstances beyond that party’s reasonable control, including but not limited to: fires, floods, acts of God, riots, earthquakes, storms, strikes, lock outs, stoppages of work, acts of civil or military authorities, insurrections or civil disorders, requirements imposed by on pursuant to government regulation, trade disputes and/or any act of war or terrorism.
In the event that you need to contact the Company regarding this document, the Software and/or the Services, please use the following details. Email: firstname.lastname@example.org