1. WHO ARE WE?
- 1.1. Labrys Technologies Limited is an English company with its registered at Catalyst House, 720 Centennial Avenue, WD6 3SY, Borehamwood, Elstree, United Kingdom acting in coordination with certain Labrys Affiliates and collectively called Labrys.
- 1.2. Labrys operates the website www.labrys.tech (Website), the mobile application Axiom C2 and Axiom Communicator (collectively Labrys Apps), as well as any other related products and services that refer or link to these Labrys Terms (collectively Labrys Services).
2. ACCESS CODES
- 2.1. If you are an authorised End User, you will receive a code from the applicable Client to enable you to gain access to the Labrys Apps and Labrys Services (Access Code).
- 2.2. If you do not have an Access Code from the applicable Client, you are not permitted to use or access any Labrys Apps or Labrys Services.
3. WHERE DO THESE LABRYS TERMS APPLY?
These Labrys Terms apply to any and all:
- 3.1. Use of Labrys Services;
- 3.2. Access to and use of the Labrys Apps;
- 3.3. Forms, materials, consent tools, comments, posts, and all other content available on the Labrys Apps or the Labrys Services (Content); and
- 3.4. Material which you contribute on the Labrys Apps or the Labrys Services including any upload, post, review, disclosure, ratings, comments, chat etc. in any forum, chatrooms, reviews, and to any interactive services associated with it (Contribution).
4. USE OF THE LABRYS APPS OR THE LABRYS SERVICES
- 4.1. You warrant that you will comply with the Master Licence and with these Labrys Terms and with all applicable laws.
- 4.2. You shall not:
- systematically or otherwise retrieve data or other content from the Labrys Apps or the Labrys Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from Labrys.
- make any unauthorised use of the Labrys Apps or the Labrys Services, specifically without limitation you shall not collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretences.
- circumvent, disable, or otherwise interfere with security-related features of the Labrys Apps or the Labrys Services , including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Labrys Apps or the Labrys Services and/or the Content.
- engage in unauthorised framing of, or linking to, the Labrys Apps or the Labrys Services.
- trick, defraud, or mislead Labrys and/or other End Users, especially in any attempt to learn sensitive account information such as any other End User’s Access Codes.
- make improper use of the Labrys Apps or the Labrys Services, including or submit false reports of abuse or misconduct.
- engage in any automated use of the Labrys Apps or the Labrys Services , such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Labrys Apps or the Labrys Services or the networks to which the Labrys Apps or the Labrys Services are connected.
- attempt to impersonate another End User or person or use the username or Access Code of another End User.
- use any information obtained from the Labrys Apps or the Labrys Services in order to harass, abuse, or harm another person.
- use the Labrys Apps or the Labrys Services as part of any effort to compete with Labrys or otherwise use the Labrys Apps or the Labrys Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Labrys Apps or the Labrys Services , except as expressly permitted by applicable law.
- attempt to bypass any measures of the Labrys Apps or the Labrys Services designed to prevent or restrict access to the Labrys Apps or the Labrys Services , or any portion of the Labrys Apps or the Labrys Services.
- harass, annoy, intimidate, or threaten any Labrys employees or agents engaged in providing any portion of the Labrys Apps or the Labrys Services.
- delete the copyright or other proprietary rights notice from any Content.
- copy or adapt the Labrys Apps or the Labrys Services.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan Horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Labrys Apps or the Labrys Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Labrys Apps or the Labrys Services.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs/’gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms or pcms).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Labrys Apps or the Labrys Services, or using or launching any unauthorised script or other software.
- disparage, tarnish, or otherwise harm, in Labrys’ opinion, Labrys and/or the Labrys Apps or the Labrys Services. --
- use the Labrys Apps or the Labrys Services in a manner inconsistent with any applicable laws or regulations. - 4.3. You understand, acknowledge, and agree that you shall not, unless expressly permitted by Labrys in advance and in writing:
- reconstruct or attempt to discover any source code or algorithms of the Labrys Apps or the Labrys Services, or any portion thereof, by any means whatsoever.
- provide, or otherwise make available, the Labrys Apps or the Labrys Services to any third party.
- intercept any data not intended for you.
- damage, reveal, or alter any End User’s data, or any other hardware, software, or information relating to another person or entity.
- engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of any Labrys Apps or the Labrys Services, other than as expressly permitted by these Labrys Terms, without the prior written consent of Labrys Technologies which consent Labrys Technologies may grant or refuse in its sole and absolute discretion.
5. END USER CONTENT (CONTRIBUTION)
- 5.1. Contribution means:
- any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through the Labrys Apps or the Labrys Services; and
- any other materials, or data you upload to the application or use with the Labrys Apps or the Labrys Services; but
- does not include any information that Labrys collects or obtains about End User through other means, such as through cookies or other tracking technologies. - 5.2.Some areas of the Labrys Apps or the Labrys Services may allow users to upload, transmit, or post Contributions and Labrys may (but is under no obligation to) review or moderate the Contributions made on the Labrys Apps or the Labrys Services.
- 5.3. Please report any Contribution that you believe breaches these Labrys Terms but Labrys will determine, in its sole discretion, whether a Contribution is indeed in breach of these Labrys Terms.
- 5.4. Labrys expressly excludes its liability for any loss or damage resulting from any of End User’s breach of these Labrys Terms.
- 5.5. You warrant that:
- you are the creator and owner of, or have the necessary licences, rights, consents, releases, and permissions to use and to authorise Labrys, the Labrys Apps or the Labrys Services, and other End Users to use your Contributions in any manner contemplated by Labrys, the Labrys Apps or the Labrys Services and these Labrys Terms; and
- all of your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts); the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Labrys Apps or the Labrys Services and these Labrys Terms. - 5.6. You shall not post, transmit, or upload any (or any part of a) Contribution that:
- is in breach of applicable laws, regulation, court order, contractual obligation, these Labrys Terms, the Master Licence, a legal duty, or that promotes or facilitates fraud or illegal activities; is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
- is false, inaccurate, or misleading;
- includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors; contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- promotes violence, advocates the violent overthrow of any government;
- incites, encourages, or threatens physical harm against another;
- is obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, contains sexually explicit material;
- is otherwise objectionable (as determined by Labrys);
- is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
- bullies, intimidates, humiliates, or insults any person;
- promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
- infringes, or assists anyone in infringing, a third party’s intellectual property rights or publicity or privacy rights; - is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone other than you; or
- contains unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been paid for, whether with monetary compensation or in kind. - 5.7. You shall not use the Labrys Apps or the Labrys Services to offer, present, promote, sell, give away or otherwise make available to others any goods or services involving items that promote, encourage, facilitate, or instruct others how to engage in illegal activity, stolen goods, products or services identified by government agencies to be highly likely to be fraudulent, and any transaction or activity that requires pre-approval without having obtained said approval.
6. LICENCE TO CONTRIBUTIONS
By posting, submitting, storing, or exchanging Contributions you grant Labrys a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, copy, modify, distribute, and publicly display the Contributions for the purpose of operating, promoting, and improving the Application.
7. OWNERSHIP AND INTELLECTUAL PROPERTY
The Labrys Apps and Labrys Services and all rights, titles, and interests in and to the Labrys Apps and Labrys Services, including all intellectual property rights, are and will remain the exclusive property of Labrys. You acknowledge that no title to the Labrys Apps and Labrys Services or any intellectual property rights in the Labrys Apps and Labrys Services are transferred to you under these Labrys Terms. You further acknowledge that all right, title, and interest in and to the Labrys Apps and Labrys Services and any modifications, improvements, or derivative works of the Labrys Apps are the exclusive property of Labrys.
8. REPORTING A BREACH OF THESE LABRYS TERMS
- 8.1. If you consider that any Content or Contribution breaches these Labrys Terms, please email Labrys at info@labrys.tech or refer to the contact details at the bottom of this document to let Labrys know which Content or Contribution is in breach and why.
- 8.2. If you consider that any Content or Contribution infringes any third-party intellectual property rights, please email us at info@labrys.tech.
- 8.3. Labrys will reasonably determine whether Content or Contribution breaches these Labrys Terms.
9. CONSEQUENCES OF BREACHING OF THESE LABRYS TERMS
If you breach these Labrys Terms, Labrys, in its sole discretion, may:
- 9.1. give you a warning;
- 9.2. remove the infringing Contribution;
- 9.3.suspend or terminate your access to, and use of, the Labrys Apps or the Labrys Services;
- 9.4.disable your access to the Labrys Apps or the Labrys Service;
- 9.5.notify any applicable law enforcement agency; and/or
- 9.6.issue legal proceedings against you.
Subject to Section 11 below, Labrys excludes all liability for all or any action Labrys may take in response to any of your breaches of these Labrys Terms.
10. COMPLAINTS AND REMOVAL OF LEGITIMATE CONTENT
If you consider that some Content or Contribution has been mistakenly removed or blocked from the Labrys Apps or the Labrys Services, please notify the applicable Labrys Client who gave you the Access Code and also notify Labrys in writing. Labrys will review its decision to remove such Content or Contribution. The Content or Contribution may stay down whilst Labrys conducts the review process.
11. DISCLAIMER AND LIMITATION OF LIABILITY
- 11.1. Labrys is under no obligation to monitor End Users’ activities, and Labrys disclaims any responsibility for any End User’s misuse of the Labrys Apps or the Labrys Services.
- 11.2.Labrys has no responsibility for any End User or other Content or Contribution created, maintained, stored, transmitted, or accessible on or through the Labrys Apps or the Labrys Services, and is not obliged to monitor or exercise any editorial control over such material.
- 11.3.Labrys disclaims any obligation to any person who is not authorised by a Client as an Authorised User of the Labrys Apps or the Labrys Services.
- 11.4.TO THE MAXIMUM EXTENT PERMITTED BY LAW, LABRYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- 11.5.LABRYS DOES NOT WARRANT THAT THE LABRYS APPS OR LABRYS SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.
- 11.6.IN NO EVENT SHALL LABRYS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE LABRYS TERMS, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR USE OF THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 11.6.IN NO EVENT SHALL LABRYS’ LIABILITY UNDER THESE LABRYS TERMS EXCEED THE LIMITATION OF LIABILITY APPLIED UNDER THE MASTER LICENCE.
12. INDEMNIFICATION
You shall defend, indemnify, and hold harmless Labrys, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Labrys Apps and Labrys Services, your breach of these Labrys Terms, or any violation by you of any applicable laws or regulations.
13. GOVERNING LAW AND JURISDICTION
These Labrys Terms shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflicts of law.
Any action arising out of or in connection with these Labrys Terms shall be brought in the courts located in England and Wales
14. QUESTIONS?
If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact Labrys by emailing info@labrys.tech and contacting your employer’s or organisation’s administrator.
