Biokip Labs – Terms of Service
Last Modified: July 18, 2022
Welcome to Biokip Labs. We develop a mobile game application called BLOOP Art Festival APP (“App”) for the BLOOP International Proactive Art Festival. Please read these Biokip Labs Terms of Service (“the Terms”) because the Terms govern your use of such App. The Terms also govern your interaction with any websites related to said festival we own or operate (“Sites”), participation in Biokip Labs promotions, and more generally your use of any Biokip Labs products or services related to said festival (together with Apps, the “Services”).
Biokip Labs may provide products and services which are governed by separate terms.
These Terms are entered into between you and Biokip Labs S.r.l. a company registered under the laws of Italy, to be referred to as “Biokip Labs” and “we” in these Terms.
By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. Biokip Labs may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Biokip Labs has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.
3 Use of the Services
3.1 Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
3.2 Eligibility and Account Registration
If you want to use certain Services, you will have to create an account with us (an “Account”), and you will also need access to a supported mobile phone and an Internet connection. You will notify us immediately of any unauthorized use of your Account. Biokip Labs takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.
3.3 Account Suspension or Termination
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services or in the App prior to termination of your Account.
3.4 Who May Use Our Services
Unless stated otherwise for a particular Service, children are not allowed to use the Services. A “Child” is a person (a) under 13 years old; (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence.
In any case, Biokip Labs recommends that Parents monitor minor’s online activity and use of the Service.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BIOKIP LABS DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
4 Limited License to Use
Subject to your compliance with these Terms, Biokip Labs grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Biokip Labs reserves all rights in and to the App not expressly granted to you under these Terms.
5 Content and Content Rights
Subject to your compliance with these Terms, Biokip Labs grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of a Service provides to be made available through Services.
5.1 Content Ownership
Biokip Labs does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Biokip Labs and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
5.2 Rights Granted by You
By making any User Content available through the Services you grant to Biokip Labs a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow Biokip Labs to benefit freely from the above rights, including but not limited to:
The right to reproduce User Content by any means and in any form.
The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and print.
The right to use the User Content for demonstration, promotion and advertising for all Biokip Labs Services.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Biokip Labs on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Biokip Labs or any third party designated by Biokip Labs.
You can submit feedback, comments, and suggestions for improvements to the Services (“Feedback”) by reaching out to us on social media or support channels. Feedback is a form of User Content.
5.4 Copyright Policy
Biokip Labs respects copyright law and expects its users to do the same. It is Biokip Labs’ policy to terminate in appropriate circumstances Account holders who infringe or are believed to be infringing the rights of copyright holders. Please see Biokip Labs’ Copyright Policy for further information.
6 Conduct, General Prohibitions, and Biokip Labs’ Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms ;
attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Biokip Labs or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Biokip Labs or any of Biokip Labs’ providers or any other third party (including another user) to protect the Services or Content;
use, display, mirror, or frame the Services or any individual element within the Services, Biokip Labs’ name, any Biokip Labs trademark, logo, or other proprietary information, or the layout and design of any page or App without Biokip Labs’ express written consent;
post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
access, tamper with, or use nonpublic areas of the Services, Biokip Labs’ computer systems, or the technical delivery systems of Biokip Labs’ providers;
attempt to probe, scan, or test the vulnerability of any Biokip Labs system or network or Service, or breach any security or authentication measures;
use any meta tags or other hidden text or metadata utilizing a Biokip Labs trademark, logo, URL, or product name without Biokip Labs’ express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Although Biokip Labs is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Biokip Labs may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF BIOKIP LABS’ TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
7 Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
8 Third Party Websites or Resources
Services may contain links to third party websites or resources. Biokip Labs provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
Biokip Labs is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services and you hereby waive and release Biokip Labs and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.
9 Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
10 Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER BIOKIP LABS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOKIP LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11 Governing Law and Exclusive Venue
To the extent that these Terms allow you or Biokip Labs to initiate litigation in a court, both you and Biokip Labs agree that the validity, interpretation, construction and performance of these Terms and your use of the Services shall be governed by the laws of Italy. Any dispute arising out of this Terms of Services shall be heard in the Court of Milan and each of the parties hereby submits irrevocably to the exclusive jurisdiction of such court. Each of the parties hereto waives any objection to jurisdiction and venue in such courts.
12.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Biokip Labs and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Biokip Labs and you regarding the Services and Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Biokip Labs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Biokip Labs may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.3 Force Majeure
Neither Biokip Labs, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute,or any other cause beyond its respective control.
Any notices or other communications provided by Biokip Labs under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Your provided.
Biokip Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Biokip Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12.6 Contact Information
If you have any questions about these Terms or the Services, please contact Biokip Labs at firstname.lastname@example.org