CSD Labs GmbH

Address

Nikolaiplatz 4/3
8020 Graz
Austria

Contact

Commercial register number: FN 426395b
VAT number: ATU 691 65 547
District court for civil matters Graz, Austria

Terms of Use

1 Agreement to be Bound

CSD Labs GmbH (“CSD Labs,” “we,” “us,” or “our”) provides and makes available these websites (www.eMurmur.com, www.CSDlabs.com) (the “Sites”). All use of these Sites is subject to the terms and conditions contained in this Terms of Use agreement (the “Terms”). Please read these Terms carefully. Each time that you access, use, or browse the Sites, you acknowledge that you have read, understand, and are fully accepting and agreeing to be bound by the terms, conditions and disclaimers contained in these Terms. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must not use the Sites.

Your access to and use of the Sites is also subject to the CSD Labs Privacy Policy, which is incorporated by reference into these Terms. CSD Labs protects information it receives in conformance with this Privacy Policy and obligations to businesses with whom it may have contractual relationships.

2 Revisions, Changes, and Updates

CSD Labs may modify these Terms, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms to the Sites and, if you possess a CSD Labs account, by directly communicating them to you when you log in to the Site; provided, however, that any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification. By not terminating your user account within seven (7) days after receiving a notice of modifications to these Terms as described above or by continuing to use or access the Sites after revised Terms are posted to the Sites, you agree to comply with, and be bound by, such revised Terms. Unless explicitly stated otherwise, any future offers made available to you on the Sites that augment or otherwise enhance the current features of the Sites shall be subject to the latest Terms of Use.

CSD Labs may also make improvements and changes in products or services described on the Sites or add new features at any time without notice to you.

3 Use of the Sites

We grant you permission to use the Sites subject to the restrictions in these Terms. Your use of these Sites is at your own risk.

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any CSD Labs server, or to any of the services offered on or through the Sites, by hacking, password mining, or any other illegitimate means. You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any networks connected to the Sites. You may not reverse look-up, trace or seek to trace to its source any information on any other user of or visitor to the Sites, or any other customer of CSD Labs, including any CSD Labs account not owned by you. You may not exploit the Sites or any service or information made available or offered by or through the Sites in any way where the purpose is to reveal information, other than your own information, as provided for by the Site.

4 CSD Labs Content

All text, graphics, user interfaces, visual interfaces, photos, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Sites is owned, controlled, or licensed by or to CSD Labs, and is protected by trade dress, copyright, and other intellectual property laws.

Except as expressly provided in these Terms, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without CSD Labs’ express prior written consent.

You may use information on CSD Labs products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by CSD Labs for downloading from the Sites, provided that you (1) do not remove any proprietary notice language in any copies of such documents, (2) use such information only for informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) do not make modifications to any such information, and (4) do not make any additional representations or warranties to third parties relating to such information.

5 Medical Advice

CSD Labs does not give medical advice. The CSD Labs Sites may provide helpful health-related information and materials, but such information and materials are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Sites. In addition, we do not recommend or endorse any provider of health care or any third-party health-related products, items, or services.

6 Links to Third Party Websites

CSD Labs Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

7 Registration and Account Security

If you register for a CSD Labs account, you agree to provide your real name and information and commit to the following

  1. You will not provide any false personal information or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will keep your contact information accurate and up-to-date.
  5. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account.
  6. You will not transfer your account to anyone without first getting our written permission.

You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password. You agree to notify CSD Labs immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by CSD Labs or any other user of or visitor to the Sites due to someone else using your registration information, password or account as a result of your failing to keep this information secure and confidential.

8 User Content

The Sites may provide you with the ability to create, post, or share content (“User Content”), such as in community forums and chat rooms. CSD Labs claims no ownership or control over your User Content. You or a third-party licensor, as appropriate, retain all copyright, trademark, and other intellectual property rights to any of the content you post on or through the Sites. You are responsible for protecting those rights.

By creating, posting, or sharing your User Content on or through the Sites, and subject to CSD Labs’ Privacy Policy, you grant CSD Labs a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display your User Content for any purpose without compensation to you, including for the purpose of promoting CSD Labs and its products or services. You waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. CSD Labs reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

You represent and warrant that (i) you own the User Content you post on or through the Sites or otherwise have the right to grant the license set forth above in these Terms, (ii) the posting and use of your User Content on or through the Sites does not violate any applicable law, statute, ordinance, or regulation, or the privacy rights, publicity rights, copyrights, trademarks, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content on the Sites does not result in a breach of contract between you and a third party. You agree not to post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity in the User Content you post via the Sites. You also agree that you will not harass, threaten, stalk, or abuse other Users of the Sites or post objectionable User Content. You may not post advertising or marketing links or content, except as specifically permitted by these Terms or with CSD Labs express written consent. You agree that your User Content will not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Sites or CSD Labs networks.

You assume all risks associated with the User Content you post, including anyone’s reliance on its quality, accuracy, or reliability. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of User Content you post on or through the Sites. You acknowledge and agree that your User Content is non-confidential and non-proprietary.

You understand and agree that you will not obtain, as a result of your use of the Sites, any right, title, or interest in or to others’ User Content delivered via the Sites. Except as provided within these Terms, you may not copy, reproduce, republish, upload, poste publicly display, encode, translate, transmit, or distribute in any way any other person’s User Content appearing on or through the Sites. We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content, including but not limited to comments, likes, photos, and user-to-user messages. You accept that any reliance on User Content will be at your own risk, and you accept the risk that you might be exposed to User Content that may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

11 Termination

We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Sites or terminate your user account, with or without notice, for any reason or no reason, including without limitation your violation of these Terms. Upon any termination of the Terms or your user account by either you or CSD Labs, you must promptly destroy all materials downloaded or otherwise obtained from the Sites, as well as all copies of such materials, whether made in compliance with these Terms or otherwise.

12 Void Where Prohibited

CSD Labs administers and operates the Sites from its location in Austria. Although the Sites may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations. CSD Labs reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites is void where prohibited. If you choose to access the Sites, you do so on your own initiative and are solely responsible for complying with applicable local laws.

13 Disclaimer of Warranties

THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CSD LABS AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE ACCURATE, RELIABLE, TIMELY, OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Nothing in these Terms shall be construed so as to exclude or limit the liability of CSD Labs for death or personal injury as a result of the negligence of CSD Labs or that of its employees or agents.

CSD Labs reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Sites or any portion of the Sites for any reason; and (2) interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

14 Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CSD LABS OR OUR AFFILIATES, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS, AND OUR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS (the “Released Parties”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITES. THIS LMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED HERE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

15 Indemnity

You agree to defend, indemnify, and hold the Released Parties harmless from and against all liabilities, damages, losses, costs and other expenses (including reasonable attorneys’ fees) that arise out of or related to any claims or actions brought against the Released Parties arising out of your violation of these Terms, your misuse of the Sites, your violation of any third-party rights, or any User Content you submit, post, transmit, or make available through the Sites.

16 Revisions and Errata

The materials appearing on CSD Labs’ web site could include technical, typographical, or photographic errors. CSD Labs does not warrant that any of the materials on its web site are accurate, complete, or current. CSD Labs may make changes to the materials contained on its web site at any time without notice. CSD Labs does not, however, make any commitment to update the materials.

17 General Terms

These Terms constitute the entire agreement between you and CSD Labs concerning your use of the Sites. The failure of CSD Labs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable. The section titles in these Terms are for convenience only and have no legal or contractual effect.

18 Arbitration, Class Waiver, and Waiver of Jury Trial

These Terms and the relationship between you and CSD Labs in connection with your use of the Sites shall be governed by and construed in accordance with the laws of the state of New York without regard to its conflict of law provisions. You and CSD Labs agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Sites under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue the Released Parties in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in a New York court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that the Released Parties may recover reasonable attorneys’ fees from you if the Released Parties prevail in an action for injunctive relief against you. Any disputes or claims under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under separate terms and conditions for purchase of products and services are not subject to this limitation.

For the avoidance of doubt, you acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Sites or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

For any further information please be in touch.

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