Terms and Conditions
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.
You agree to use the Services only for lawful purposes and only for your own personal, non-commercial use. You may not use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES
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 protected](Subject line: DMCA).
This Agreement is effective unless and until terminated by either you or Earth’s Lab. You may terminate this Agreement at any time by discontinuing use of the Services (subject to the surviving terms set forth herein). We may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services, if in EarthsLab’s sole discretion you fail to comply with any term or provision of this Agreement.
Cancelation and Refund
If you are not happy for whatever reason, you can cancel your subscription within the first 7 days after first becoming a subscriber. Your termination becomes effective immediately and we will refund you in full within a few days.
You can cancel any contract at any time via email to [email protected] or through your account page.
Once you cancel your subscription, your account will stay active until the end of your current subscription period. Please note that any unused time in the last billing cycle cannot be prorated or refunded.
Thank you for your cooperation. We hope you find the EarthsLab site helpful and convenient to use! Questions or comments regarding this Website, including any reports of non-functioning links, should be directed by electronic mail to [email protected] or via the contact form.
Copyright (c) 2016-2018 Earth’s Lab All Rights Reserved.