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Terms of Use

General


Bio-ITech is owner and operator of the websites: www.eLabJournal.com, www.eLabProtocols.com and www.eLabInventory.com. The intended purpose of these websites is described as an online platform to store and share information in laboratories and to provide means to communicate and collaborate in and between life science laboratories. This webpage contains the Terms of Use governing your access to and use of eLabJournal, eLabProtocols and eLabInventory, referred to as the “Website” or “Site” throughout these “terms of use”. With your visit or use of this website, you expressly accept and agree to these Terms of use and our Privacy Policy. If these Terms of Use are not completely acceptable to you, you must immediately terminate your use of this website.

Changes to this website and services


For the sole purpose of making enhancements, we may at any time, for any reason and without notice, add to, delete, update or make changes to (I) this Website, including its look, feel, format, and content, as well as (II) the Products and Services as described in this Website. Any modifications will immediately take effect when posted to the Website. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes. 

Changes to these Terms


We reserve the right to make changes to these Terms and Conditions at any time by posting revisions on this site. Changes will be advertised on the site for a reasonable period. We will notify registered site users by email of changes made. You may cancel your contract concerning Products and Services subject to these terms within a period of 30 days after such changes have been made.

Permission to Use


For the use of eLabJournal, eLabProtocols and eLabInventory, all user affiliated to academic institutions or other non-profit organizations acquire a free license. The use certain features of eLabJournal, eLabProtocols and eLabInventory, it may be required to purchase a license. You are not in any way allowed to use this Website, its content or any of its services for any commercial purposes or in commercial organizations without a purchased license or the explicitely given permission by Bio-ITech.

Fair user Policy


It is important to us that all users are able to access this Website and can use its services. Therefore all users are subjected to our Fair use Policy, which prohibits users to upload excessive and unreasonable amounts of data in eLabJournal, eLabProtocols and eLabInventory. If, after we have contacted you, your excessive or unreasonable use continues, we may, without further notice suspend or permanently disable your account.

Scope of Use


The services provided on this Website are designed to help you organize your workflow in the laboratory. You are authorized to view, use, copy, share your records and download portions of the Content (without limitation text, graphics, software, audio and video files and photos) of this Website for your information. General public information from our website may be used provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the public information on this Website, or the design or layout of the Website or individual sections of it, in any form or media.

User Submissions and Communication


You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify eLabJournal, eLabProtocols and eLabInventory or its affiliates for all claims resulting from content you supply. If you make any submission to an area of the Website accessed or accessible by the (non members) public (“Public Area”) or if you submit any business information, idea, concept or invention to us by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted eLabJournal, eLabProtocols and eLabInventory a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public (non members) Areas.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. eLabJournal, eLabProtocols and eLabInventory have full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
eLabProtocols reserves the right (but is not obligated) to do any or all of the following:
(I)   Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(II)  Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
(III) Terminate a Member's access to any or all Public Areas and/or the eLabJournal, eLabProtocols and eLabInventory Site upon any breach of these Terms of Use.
(IV) Monitor, edit, or disclose any communication in the Public Areas.
(V)  Edit or delete any communication(s) posted on this Site, regardless of whether such communication(s) violate these standards.
We reserve the right to take any action it deems necessary to protect the personal safety of our guests or the public. eLabJournal, eLabProtocols and eLabInventory has no liability or responsibility to users of this Website or any other person or entity for performance or nonperformance of the aforementioned activities.

User Email


E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (I) are defamatory, threatening, obscene or harassing, (II) contain a virus, worm, Trojan horse or any other harmful component, (III) incorporate copyrighted or other proprietary material of any third party without that party's permission or (IV) otherwise violate any applicable laws. eLabJournal, eLabProtocols and eLabInventory shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Links


For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, we do not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to this Website and the products and services offered by eLabJournal, eLabProtocols and eLabInventory. If you decide to access any of the third party sites linked to this Website, you do so at your own risk.We reserve the right to terminate any link or linking program at any time. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

No Unlawful or Prohibited Use


As a condition of your use of the Website, you warrant to eLabJournal, eLabProtocols and eLabInventory that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Jurisdiction


The Website is directed to those individuals that are working in research laboratories world-wide. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. We make no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate Those who choose to access this Website do so at their own risk and are responsible for compliance with applicable local laws.

Spamming


Gathering email addresses from eLabJournal, eLabProtocols and eLabInventory through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with eLabJournal, eLabProtocols, and eLabInventory should be directed to us.

Licenses and payments


Our paid licenses are available on a yearly subscription which is automatically extended. You may cancel your license one month prior the end of the licensed year by e-mail or written letter. Payments are processed by our on-line payment system or bank transfer and must be completed before the end of each license. Failure to do so gives Bio-ITech the right to suspend or close the licensed account(s).

Warranties


The website, and any content, are provided to you on an "as is," "as available" basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which Bio-ITech expressly disclaims. Elabjournal, elabprotocols and elabinventory does not endorse and makes no warranty as to the accuracy, completeness, currency, or reliability of the content, and we will not be liable or otherwise responsible for any failure or delay in updating the website or any content. Elabjournal, elabprotocols and elabinventory ensures that the content will be 99% uninterrupted and error-free, however you are responsible for any results or other consequences of accessing the website and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components. Failure on our side for providing a 99% service availability is compensated by an extention of the current license with the same periode of time the service was interrupted.  This warranty disclaimer may be different in connection with specific products and services offered by us. 

Governing Law, Location and Miscellaneous


These Terms of Use shall be governed in all respects by Dutch National Laws, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. By using this Website you consent that your personal data are transferred and processed in the Netherlands. If necessary, conflicts or disputes will be issued and brought to court in Leeuwarden, The Netherlands.

Separate Agreements


You may have other agreements with eLabJournal, eLabProtocols or eLabInventory. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with us.

Limitation of Liability


Your use of the content is at your own risk. Elabjournal, elabprotocols and elabinventory specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the content (even if we have been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the website or the content. This limitation of liability may be different in connection with specific products and services offered by Bio-ITech. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.

Copyrights and Trademarks


The materials at this Website, as well as the organization and layout of this site, are copyrighted and are protected by the international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include eLabJournal, eLabProtocols and eLabInventory copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of eLabJournal, eLabProtocols and eLabInventory. Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of eLabJournal, eLabProtocols and eLabInventory. You may not use a part of this Website on any other Website, without our prior written consent. We respect the intellectual property rights of others and expects our Users/ users to do the same. The policy of eLabJournal, eLabProtocols and eLabInventory is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

DMCA Copyright Policy and Copyright Agent


eLabJournal, eLabProtocols and eLabInventory respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(I) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(II) Identification of the copyrighted work claimed to have been infringed.
(III) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(IV) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(V) A statement that the complaining party has 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.
(VI) 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.

The Site's Copyright Agent can be reached at:
Bio-ITech
L.J. Zielstraweg 1
+31 (0)50 720 00 55
+31 (0)84 215 22 27
Email

No Professional Advice


The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors.

Users Disputes


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

Arbitration


Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the Netherlands Arbitration Institute in Rotterdam. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

Indemnity


You agree to defend, indemnify, and hold eLabJournal, eLabProtocols and eLabInventory, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Accounts and Security


As part of the registration process, each user will select a password (“Password”) and your First name and Last name. You shall provide eLabJournal, eLabProtocols and eLabInventory with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(I) select or use a First name and/or Last name of another person with the intent to impersonate that person;
(II) use a First or Last name subject to the rights of any other person without authorization;
(III) use a Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us

Date of Issue


These terms of use were last updated on March 14 2011.

Contact details


Bio-ITech
L.J. Zielstraweg 1
9713 GX Groningen
The Netherlands
E-mail