Term of Use
General
Datality Lab websites (“Websites”) and related services (together with the Websites, the “Service”) are operated by Datality Lab Limited (“Datality Lab,” “us,” or “we”). Access and use of the Service are subject to the folowing Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Datality Lab may amend, update or change these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service. Please note that these terms and conditions contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances, rather than jury trials or class action lawsuits. view these terms here.
Your Representations and Warranties
You represent and warrant to Datality Lab that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Hong Kong and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from Hong Kong and/or the jurisdiction in which you reside.
Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Datality Lab’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Datality Lab or its users to any harm or liability of any kind.
Indemnification of Datality Lab
You agree to defend, indemnify and hold harmless Datality Lab and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions.
No Representations or Warranties by Datality Lab
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Datality Lab are provided to you on an “as is” basis. Datality Lab and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Datality Lab does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation on Types of Damages / Limitation of Liability
In no event will Datality Lab be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Datality Lab has been advised of the possibility of such damages.
Termination
Datality Lab may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your usage at any time by folowing the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Datality Lab’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscelaneous provisions shal survive any such termination.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Datality Lab or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Datality Lab, all data, information and materials generated from your access available on or through the Service, shall be exclusively owned by Datality Lab, and you shall not have any right to use such Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Datality Lab any and all rights, title and interest, including any intelectual property rights or proprietary rights, in the Materials. All rights of Datality Lab or its licensors that are not expressly granted in these Terms and Conditions are reserved to Datality Lab and its licensors.
Trademarks
“Datality Lab” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Datality Lab or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Datality Lab name or any Datality Lab or third-party trademarks, service marks, graphics or logos.
Privacy
Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.
Governing Law and Arbitration; No Class Action
These Terms and Conditions, its subject matter and Datality Lab’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of Hong Kong provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. Any dispute or claim relating in any way to these terms and conditions or the service will be resolved by binding arbitration, rather than in court, except for Datality Lab’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
Language
This agreement was originaly written in English. To the extent any translated version of this agreement conflicts with the English version, the English version prevails.
Miscellaneous
These Terms and Conditions constitute the entire agreement between Datality Lab and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Datality Lab or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Datality Lab may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Datality Lab and you, and Datality Lab’s and your respective successors and permitted assigns.