Terms of Use

TERMS OF USE (Last updated July, 2018)

This website and/or its mobile sites and applications (the “Site”) is owned and operated by service@sanftlab.com (the “Company”). These Terms of Use (“Terms of Use”) apply to your use of this Site. Any purchase of any products or services available through this Site are governed by the Terms of Purchase (“Terms of Purchase”) on the relevant Company website, which is incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.

 

Throughout the Site, the terms “we,” “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

 

PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.

 

Data integrity

You represent that all of the information, data and other materials you provide on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

 

Privacy Notice

 

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this Site is located at service@sanftlab.com. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice.

 

License and Site Access

 

All contents available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by the Company, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws.

 

The Company grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in the Company’s sole discretion. The Company strictly prohibits any other use of any content available through the Site, including but not limited to:

 

  • any downloading, copying or other use of the content or the Site for purposes competitive to the Company or for the benefit of another vendor or any third party;

     

  • any caching, unauthorized linking to the Site or the framing of any content available on the Site;

     

  • any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);

     

  • any uploading, posting or transmitting of 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;

     

  • using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or

     

  • any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure, or damage or interfere with the proper working of our infrastructure.

     

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by the Company.

 

The Company reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. The Company neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled, at law or in equity.

 

Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws.

 

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

 

With respect to any content you submit, post, upload, publish or otherwise make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. Any such content will not be treated as confidential. You hereby represent, warrant and covenant that: (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights to and/or implement your content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.

 

Links

 

This Site may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

 

DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

 

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES; (4) ANY DELAY OR INABILITY TO USE THE SITE; (5) THE MODIFICATION OR DELETION OF ANY CONTENT; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

 

Indemnities

You will indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Purchase; (3) fraud you commit; or (4) your violation of any applicable law.

Electronic Communications

When you use the Site or send emails to the Company, you are communicating with the Company electronically. You consent to receive electronically any communications related to your use of this Site. All notices from the Company intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.

Trademarks and Copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of the Company or its licensors. Users are prohibited from using any Marks for any purpose without the written permission of the Company or such third party which may own the Marks.

Claims of Intellectual Property Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information:

  • An electronic or physical signature of the authorized person;

  • A description of the copyrighted work;

  • Identification of the infringing material and its location on the Site;

  • Your contact information;

  • A statement of good faith belief and accuracy under penalty of perjury.

The Company’s agent for notice can be reached at: service@sanftlab.com

Dispute Resolution

By using the Site, you unconditionally agree that any dispute arising out of or relating to this agreement shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in Hong Kong. The proceedings shall be conducted in English.

General

These Terms of Use and the relationship between you and the Company will be governed by the laws of Hong Kong. For any actions not subject to arbitration, we each agree to submit to the personal jurisdiction of a court located in Hong Kong.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department of service@sanftlab.com by email at service@sanftlab.com.