Terms and Conditions

Please read the following terms and conditions of use carefully before accessing the website. In using this website you are deemed to have read and agreed to the following terms and conditions. Do not use this site if you do not agree to the terms and conditions.

The following terminology applies to these Terms and Conditions and Privacy Policy and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. In addition, when the user of the service is provided access through a school and/or school district or other organizations (an “Entity”), the term “You”, “your” and “Client” also includes this entity. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, Labster ApS. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of these Terms and Conditions in respect of provision of the Company’s stated Services/Products (“The Service” hereunder), in accordance with and subject to applicable law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same. All such terms are hereby incorporated by reference into these Terms and Conditions.

Privacy Policy

We are committed to protecting your privacy. Information collected from you and any individual you provide access to use the Service is subject to Labster’s Privacy Policies. Please read Labster’s Privacy Policy for more information on the collection and use of your information. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Access to the Service

Subject to your acceptance of and compliance with this Agreement, Labster grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial, private or educative use. You agree not to use the Service for any commercial purposes, or to download, save, copy, transmit or distribute the content of the Service, including without limitation on any other website or networked computer environment, except as specifically allowed in this Agreement.

Use of the Service by Minors

Individuals under the age of 18 may not use the Service unless their Entity enters into an agreement with Labster that allows such individuals to use the Service. In the event that you provide a minor with access to use the Service, you hereby agree to this Agreement on behalf of yourself and such minor, and you understand and agree that you will be responsible for all uses of the Service by the minor you provide access to use the Service whether or not such uses were authorized by you.

 

COPPA and Parental Consent. If Client allows End Users under the age of 13 to use the Services, Client consents as required under the Children’s Online Privacy Protection Act to the collection and use of personal information in the Services, from such End Users. Client will obtain parental consent for the collection and use of personal information in the Additional Services that Client allows End Users to access before allowing any End Users under the age of 18 to use those services.

Representations of School Districts and Schools

If you are an Entity providing a student with access to use the Service, you hereby represent and warrant that you are authorized by such student’s parents or guardians to agree to the terms of this Agreement and the Privacy Policies and that you have obtained all parental consents and permissions in connection with the Service required by federal and local law (and all regulations and rules thereunder).

 

FERPA. The parties acknowledge that (a) Client Data may include personally identifiable information from education records that are subject to FERPA (“FERPA Records”); and (b) to the extent that Client Data includes FERPA Records, Labster will be considered a “School Official” (as that term is used in FERPA and its implementing regulations) and will comply with FERPA.

Intellectual Property Rights

Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Labster and its licensors and are protected by law from unauthorized use. The entire contents of the Service (including without limitation all visual content, audio visual content, code, graphics, and text (including without limitation, exam and quiz questions) (the “Content”), and the arrangement, sequence, structure, and organization of the Service, are copyrighted under copyright laws and/or similar laws of other jurisdictions. In accordance with this agreement, you shall not copy, reproduce, distribute, modify, publish, distribute, sell, or otherwise exploit the Content without written permission from the Company and its respective owners.

The technology and software underlying the Service or distributed in connection therewith is the property of Labster, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

Labster and Labster logos are trademarks of Labster and may not be used without the express written permission of Labster.

Content Collaborators

Any content that has been developed in collaboration with educators (“Collaborator Content”) within the Software, Learning Wiki, or any other source of content developed by Labster belongs to Labster and may not be appropriated for personal or commercial use. By collaborating on, developing or creating any Content in conjunction with The Company you hereby grant Labster and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your Collaborator Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

Warranty Disclaimer

The information on Labster’s website is provided on an “as is” basis. The Services, Content, Website and any Software of Labster and provided by any affiliates or any third party are provided without warranties of any kind, either express or implied, including, without limitation, direct loss, merchantability, fitness for a particular purpose, non-infringement or that use of The Services will be uninterrupted or error-free.

Limitation of Liability

Under no circumstances will the Labster parties be liable for any direct, indirect, incidental, special, exemplary, or consequential damages, personal injury/wrongful death, lost or anticipated profits, lost data, or business interruption, the use or misuse of The Content in any way whatsoever arising out of the use of, or inability to use, The Service, whether or not the Labster parties are advised of the possibility of such damages.

Third Party Material

The Service may provide links to third-party sites and resources across the Internet. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Termination

Labster reserves the right to terminate The Services for any reason, including, without limitation, for lack of use or if Labster believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

General

The laws of Denmark govern these terms and conditions. By accessing this website and using Our Services you consent to these terms and conditions and to the exclusive jurisdiction of the Danish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. The section titles in these Terms and Conditions are for convenience and have no legal or contractual effect. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Communication

For additional contact information, visit our Contact Us page. Our main office is located at Danneskiold-Samsøes Allé 41, 1434 Copenhagen K, Denmark.

Labster ApS is registered in Denmark, CVR number 34457808.

© Labster ApS 2018 All Rights Reserved