Effective as of: 2021-06-17 08:44:24
TERMS OF SERVICES
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Section 1. OVERVIEW
This Terms of Service Agreement (“Agreement”) is entered into by and between OD Lab 387, registered address Žunovačka BB, 71240, Hadžići, Bosnia and Herzegovina (“Company”) and You, and is made effective as of the date of Your use of this of Our main website https://lab387.com or any other websites which are part of Our main website (https://shorty.lab387.com, https://quizy.lab387.com, https://calculy.lab387.com, https://admin.lab387.com, https://shorty.ba, https://lab387.net) (“Sites”) or the date of electronic acceptance.
The terms “we”, “us” or “our” shall refer to Company. The terms “You”, “Your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, uses our Sites, has access or uses Goods. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to these Sites. Your use of these Sites or Goods after such changes or modifications have been made shall constitute Your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THESE SITES OR GOODS.
Section 2. ELIGIBILITY
These Sites and Goods are available only to Users who can form legally binding contracts under applicable law. By using these Sites or Goods, You represent and warrant that You are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Goods found under the laws of the Bosnia and Herzegovina or another applicable jurisdiction.
If You are entering into this Agreement on behalf of a company or any corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “You”, “Your”, “User” or “customer” shall refer to such corporate entity. If, after Your electronic acceptance of this Agreement, Company finds that You do not have the legal authority to bind such corporate entity, You will be personally responsible for the obligations contained in this Agreement.
Section 3. RULES OF USER CONDUCT
By using these Sites, You acknowledge and agree that:
- Your use of these Sites, including any content You submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use these Sites in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that You owe to another User or any other person or entity;
- Interferes with the operation of these Sites;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of these Sites, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement
- modify or alter any part of these Sites or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through these Sites itself.
Section 4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply specifically to Your use of Companies Content posted to Site. Companies Content on these Sites, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Companies Content”), are owned by or licensed to OD Lab387 in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Companies Content is provided to You “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.
Section 5. YOUR USE OF USER CONTENT
Some of the features of these Sites may allow Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to these Sites , You represent and warrant to Company that (i) You have all necessary rights to distribute User Content via these Sites or via the Goods, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the security-related features of these Sites (including without limitation those features that prevent or restrict use or copying of any Companies Content or User Content) or enforce limitations on the use of these Sites, the Companies Content or the User Content therein.
Section 6. COMPANIES USE OF USER CONTENT
The provisions in this Section apply specifically to Companies use of User Content posted to Site.
You shall be solely responsible for any and all of Your User Content or User Content that is submitted by You, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions, You acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate Company to treat Your User Submissions as confidential or secret.
- Company has no obligation, either express or implied, to develop or use Your User Submissions, and no compensation is due to You or to anyone else for any intentional or unintentional use of Your User Submissions.
Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to these Sites, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to these Sites for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.
With Respect to User Content, by posting or publishing User Content to these Sites, You authorize Company to use the intellectual property and other proprietary rights in and to Your User Content to enable inclusion and use of the User Content in the manner contemplated by these Sites and this Agreement.
You hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with these Sites , including without limitation for promoting and redistributing all or part of these Sites in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to You or any third party. You also hereby grant each User of these Sites a non-exclusive license to access Your User Content through these Sites, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content as permitted through the functionality of these Sites and under this Agreement.
The above licenses granted by You in Your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from these Sites. You understand and agree, however, that Company may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable.
Company generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Company may remove any item of User Content if it violating this Agreement, at any time and without prior notice.
Section 7. LINKS TO THIRD-PARTY WEBSITES
These Sites may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using these Sites You expressly release Company from any and all liability arising from Your use of any third-party website. Accordingly, Company encourages You to be aware when You leave these Sites and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit.
Section 8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on these Sites is not accurate, complete or current. The material on these Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these Sites is at Your own risk.
These Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of these Sites at any time, but We have no obligation to update any information on our site. You agree that it is Your responsibility to monitor changes to our site.
Section 9. MODIFICATIONS TO THE GOODS AND PRICES
Prices for our Goods are subject to change without notice.
We reserve the right at any time to modify or discontinue the Goods (or any part or content thereof) without notice at any time.
We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Goods.
Section 10. PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of our Goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Goods that We offer. All descriptions of Goods or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue Goods at any time. Any offer for Goods made on these Sites is void where prohibited.
We do not warrant that the quality of Goods, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Goods will be corrected.
Section 11. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
For more detail, please review our Refund Policy.
Section 12. OPTIONAL TOOLS
We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.
You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
Any use by You of optional tools offered through our Sites is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Goods or Sites. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
Section 14. PERSONAL INFORMATION
Section 15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our Sites or in the Goods that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information inside Goods or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend or clarify information in the Goods or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Goods or on any related website, should be taken to indicate that all information in the Goods or on any related website has been modified or updated.
Section 16. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THESE SITES SHALL BE AT YOUR OWN RISK AND THAT THESE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THESE SITES , (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THESE SITES , AND/OR (III) THE GOODS FOUND AT THESE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THESE SITES , AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THESE SITES OR THE GOODS FOUND AT THESE SITES , AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or Your use of these Sites or the Goods found at these Sites .
Section 17. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THESE SITES , (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THESE SITES , (III) THE GOODS FOUND AT THESE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THESE SITES , (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF GOODS TO OR FROM THESE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THESE SITES , (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THESE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THESE SITES , (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THESE SITES OR THE GOODS FOUND AT THESE SITES , WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to these Sites or the Goods found at these Sites must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or Your use of these Sites or the Goods found at these Sites.
Section 18. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) Your use of and access to these Sites; (ii) Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) Your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or Your use of these Sites or the Goods found at these Sites.
Section 19. DATA TRANSFER
If You are visiting these Sites from a country other than the country in which Our servers are located, Your communications with Us may result in the transfer of information across international boundaries. By visiting these Sites and communicating electronically with us, You consent to such transfers.
Section 20. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and Our policies, We shall use commercially reasonable efforts to attempt to provide these Sites on 24/7 basis. You acknowledge and agree that from time to time these Sites may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that We undertake from time to time, or other causes beyond Our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that We have no control over the availability of these Sites on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard thereto.
Section 21. DISCONTINUED GOODS
Company reserves the right to cease offering or providing any of the Goods at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Goods, there are times when a Service We offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable product or service for You to migrate to or a refund. Company will not be liable to You or any third party for any modification, suspension, or discontinuance of any of the Goods We may offer or facilitate access to.
Section 22. FEES AND PAYMENTS
You acknowledge and agree that Your payment will be charged and processed by OD Lab387.
You agree to pay any and all prices and fees due for Goods purchased or obtained at these Sites at the time You order the Goods.
Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at these Sites and effective immediately without need for further notice to You.
Refund Policy: for Goods eligible for a refund, You may request a refund under the terms and conditions of Our Refund Policy which can be accessed here.
Section 23. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Section 24. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on these Sites are appropriate in every country or jurisdiction, and access to these Sites from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access these Sites are responsible for compliance with all local laws, rules and regulations.
Section 25. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Bosnia and Herzegovina, Federacija BiH, Kanton Sarajevo, to the exclusion of conflict of law rules.
Section 26. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Bosnia and Herzegovina, Federacija BiH, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Section 27. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Section 28. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Section 29. FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
Section 30. UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Section 31. TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original Bosnian text shall prevail in the case of a dispute.
Section 32. CHANGES TO THESE TERMS OF SERVICE
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using Sites and Goods.
Section 33. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying Us that You no longer wish to use Our Goods, or when You cease using Our Sites.
If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Sites and/or Goods (or any part thereof).
Section 34. CONTACT INFORMATION
If You have any questions about this Agreement, please contact Us by email or regular mail at the following address:
Žunovačka BB, 71240, Hadžići
Bosnia and Herzegovina