The following general terms and conditions of use in its respective current version shall apply to the use of the website: “ WWW.OPHELIUSLABS.COM”(the “Website“). You agree that any use of the Website is subject to these terms and conditions of use (the “Terms“) by choosing to use the Website or any of its services, contents or features (the “Services“). User who do not agree to the Terms are asked to cease to use of the Website and to leave the Website.
1. General Provisions and Definitions
1.1 “Website” means : “ WWW.OPHELIUSLABS.COM”
1.2 “User” is any person who visits the Website or who makes use of the Services provided on the Website. Both registered or not registered users are considered as Users in this meaning. Users are sometimes also referred to in the Terms as “you” or “your”.
1.3 Any standard business conditions of the User do not apply, regardless of whether or not the Operator expressly objects to them in a particular case.
1.4 The Operator offers the Services via the Website and exclusively in English language.
2.1 The Website is operated by Ophelius Labs Inc with address at 3401 Adams Ave Ste A336, San Diego, CA 92116(the “Operator“). You may contact the Operator by using the contact form, the phone number – both provided on the Website – or in writing under the following addresses: WWW.OPHELIUSLABS.COM
2.2 If you require technical support please submit your communication via our support tool at: WWW.OPHELIUSLABS.COM” or send an e-mail to WWW.OPHELIUSLABS.COM”
2.3 The Services on the Website are generally provided free of charge. In some cases, the Operator reserves to charge fees for Services. In such case any applicable fees shall be displayed prior to you using any Services to which a fee applies. In addition, the User is in any event obliged to refer to the Website when making use of any of the Services.
3. Integral Part of Services Contract
The Terms shall become an integral part of the services contract at the moment the User has taken note of the Terms and has agreed to the them by choosing to use the Website or any of its Services.
4. Suspension or Termination of Website
4.1 The Operator does not assume any warranty or liability for the functionality, stability or availability of the Website. The Operator does in particular not assume any warranty that the Services are available at a certain time.
4.2 Further, the Operator reserves the right, to change, amend or suspend the operation of the Website in whole or in part at its discretion at any time without notification for whatever reason. This also includes any Services that require prior registration.
5.1 The use of the Website and its Services is at the User’s own risk.
5.2 The Operator’s liability is unlimited Ophelius Labs Inc as the cause of the damage is based on a deliberate or grossly negligent breach of duty on the Operator’s part or its legal representatives or any of its vicarious agents.
5.3 Further, the Operator is liable for the negligent breach of material contractual obligations (cardinal obligations). Material contractual obligations are obligations where the breach compromises the achievement of the objective of the contract or whose fulfillment the proper execution of the contract at all only made possible and on the observance of which the User relies regularly. In this case the Operator shall only be liable for typical and sensibly predictable loss and damage. The Operator shall not be liable for slight negligent breach of any other contractual obligations apart from those indicated above.
5.4 The above limitation of liability does not apply to cases of willful misconduct or gross negligence and the Operator shall further remain fully liable for personal injury or liability under the US Product Liability Act.
5.5 Ophelius Labs Incas the liability of the Operator is excluded or limited, this also applies to the personal liability of its employees, its legal representatives as well as its vicarious agents.
6. Intellectual Property Rights
6.1 Services provided by the Operator on the Website free of charge are generally provided in accordance with the provisions of creative common licenses which can be reviewed under (-creativecommons.org-). By making use of the Services you agree to comply with the underlying license conditions as indicated and as applicable for the respective Service as provided on the Website.
6.2 In addition to this, further content is displayed by the Operator in connection with the Services of the Website, including but not limited to logos, trade names, button-icons and pictures, which may constitute protected rights, and which is either owned by the Operator or its licensors or suppliers and which is not subject to creative common licenses as regulated under Section 6.1 (the “Intellectual Property Rights“).
6.3 Unauthorized use of the Intellectual Property Rights from the Website is prohibited, and the User agrees not to infringe or enable others to infringe any Intellectual Property Rights.
7. Third Party Material and Content
7.1 The Website and Services provided by the Operator on the Website may content services provided by third parties, including links to websites or services of third parties (the “Third Party Content“). The Operator has no influence on such Third Party Content and cannot be made responsible for Third Party Content. Any concerns regarding any Third Party Content should be directed to such site.
8. User Generated Content
8.1 Under no circumstances shall User upload to, or distribute or otherwise publish on the Services any libelous, defamatory, obscene, abusive, or otherwise illegal material. Users agree that they will not threaten other Users, use defamatory language, or deliberately disrupt discussions with spam.
8.2 The Users acknowledge that any submissions they make to the Services of the Website may be edited, removed, modified, published, transmitted, and displayed by the Operator and Users waive any rights they may have in having the material altered or changed in a manner not agreeable to Users.
8.3 Users further grant Operator a perpetual, non-exclusive, royalty-free, sub-licensable, assignable and world-wide license to any submission made by the Users, which includes without limitation the right for the Operator or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly perform, create derivative works of, modify and adapt in any form or media now known or hereinafter developed, any submission provided or posted by Users on or to the Services on the Website.
8.4 Users are solely responsible for the content of their submissions. The Operator is not responsible for the content of any submission and it reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
If any part of these Terms is held to be invalid or unenforceable in whole or in part, the validity or enforceability of the other provisions of these Terms shall not be affected. Headings are for informational purposes only.
11. Entire Agreement
These Terms constitute the entire agreement between the User and the Operator. The User is not allowed to assign any of its rights or obligations under these Terms to any third party without the prior written consent of the Operator.