The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users. Moreover, the way this website processes, stores and protects user data and information will also be detailed within this policy.
Earthslab and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires as soon as you close your browser. A persistent cookie is what remains on your hard drive for a longer period of time. However, You can remove persistent cookies by following directions provided in your browser’s “options” file.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advises users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products/services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
This website and mobile application operate an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with US Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies/people outside of the company that operates this website. Under the Data Protection Act 1998, you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please contact the owners.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity.
This information is used to refine future email campaigns and supply the user with more relevant content based on their activity.
In compliance with US Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to unsubscribe will be detailed instead.
Although this website only looks to include quality, safe and relevant external links users should always adopt a policy of caution before clicking any external web links mentioned throughout this website.
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should, therefore, note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website/mobile application and its owners participate on are customs to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor it’s owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website/mobile application may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy url’s (this is an example: http://bit.ly/zyVUBo).
Users are advised to take caution and good judgement before clicking any shortened url’s published on social media platforms by this website and it’s owners.
Despite the best efforts to ensure only genuine url’s are published many social media platforms are prone to spam and hacking and therefore this website and it’s owners cannot be held liable for any damages or implications caused by visiting any shortened links.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services (“Submissions”) provided by you to Company are non-confidential and shall become the sole property of Company. You hereby assign to Company all exclusive rights, including all intellectual property rights, to Submissions and Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.
Digital Millennium Copyright Act (DMCA) Policy and Notification
Section 512 of the Copyright Law of the United States (17 U.S.C. Section 512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website. Earth’s Lab has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This section is without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to Earth’s Lab.
How to report a claim of infringement
If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement and that the allegedly infringing material is accessible on the site you must notify our designated agent. The law requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When filing an infringement notice, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent’s investigation of your claim. Upon receipt of a valid claim (i.e., notice in which all required information is substantially provided) Earth’s Lab will undertake to have the disputed material removed from public view. We will also notify the User who posted the allegedly infringing material that we have removed or disabled access to that material. Earth’s Lab has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution.
How to make a counter notification
If you are a User and you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under or an agent of such person.
Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, Earth’s Lab is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration. It is Earth’s Lab’s policy to terminate the accounts of users who are found to be repeat infringers. Earth’s Lab’s designated agent is Wayne Grant. By e-mail: email@example.com (Subject line: DMCA).
Limitation of Liability
Neither Earth’s Lab nor any of our principals, officers, directors, employees, consultants, affiliates, agents or other representatives (collectively, “Earth’s Lab”) are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, personal injury, damages for loss of business, bad grades, loss of data or lost profits), under any contract, negligence, warranty, strict liability or other theory arising out of or relating in any way to use or misuse of or reliance on the site or any service or any linked site, even if Earth’s Lab has been advised of the possibility of such damages, and in no event shall Earth’s Lab’s total cumulative liability under this agreement exceed the total amount, if any, paid by you to Earth’s Lab to access the site. Such limitation of liability shall apply whether the damages arise from use or misuse of and/or reliance on the site or any service, from inability to use the site or any service, or from the interruption, suspension, or termination of the site or any service (including any such damages incurred by third parties).
This limitation shall also apply with respect to any damages incurred by reason of materials, or other services or goods, items or merchandise received through or advertised on the site or received through any links provided at, in or through the site. This limitation shall also apply to the costs of procurement of substitute goods or services, legal liability, lost profits, and lost data. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Provided, however, that to the extent permitted by applicable law you hereby waive the provisions of any state law limiting or prohibiting such exclusions or limitations.
Without limiting the foregoing, under no circumstances shall Earth’s Lab be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, epidemic, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.