If you are under 18 years old, you must ask your parent or guardian to read and accept these terms on your behalf.
Please read these terms (which apply to all websites, games and applications published by Minilab, including their content, features and any associated elements in any form or format, unless otherwise specified) carefully before using the minilabstudios.com website or downloading/using our apps. By using the website or downloading any of our apps you agree to these terms, which will bind you. If you do not agree to these terms, you must cease using the website and/or app immediately.
1.1 These terms and conditions (“Terms”) cover the rights and responsibilities between you and Minilab Limited, a company registered in England under registration number 09288988 whose registered office is at 1st Floor Thavies Inn House, 3-4 Holborn Circus, London EC1N 2HA (“Minilab”, “us”, “we” or “our”) in respect of your use of the minilabstudios.com website (the “Website”) and/or any of our mobile applications (“Apps”). In these Terms, we refer to the Website and our Apps together as the “Service”. If any open-source software is included in the Service, the terms of an open-source licence may override some of these terms.
1.2 Please read these Terms carefully – they set out the basis on which you (and any child authorised by you) are allowed to use our Service, including any updates or supplements to the Website or App unless they come with separate terms, in which case those terms apply. If you have any questions about them or don’t accept these Terms, please contact our customer services department at [[email protected]].
1.3 Your use of our Apps will also be subject to any rules or policies applied by any app store provider or operator from whose site you downloaded our Apps, although we remain the owners of our Apps at all times. From time to time we may issue updates to our Apps. Depending on the update, you may not be able to use our Apps until you have downloaded the latest version of our Apps and accepted any new terms.
1.4 We may change these Terms at any time by notifying you of a change when you next access the Website and/or start our Apps. The new Terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service. If you continue to use the Service, you are deemed to have accepted any changes to the Terms. If you do not agree to such changes, you should not use our Service.
1.6 You should save and/or print out a copy of these Terms for your future reference.
2. USING OUR SERVICE
2.1 You, as the user of our Service (“you” “your” and “yourself”), can use our Service for your own personal non-commercial use, subject to these Terms. We reserve all other rights.
2.2 Access to our Service is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this Service. You will be assumed to have obtained permission from the person whose internet connection you are using to access the Website and/or the owners of the mobile device controlled (but not owned) by you and used to download our Apps, as applicable. You accept responsibility for your use of the Service on any computer or device, whether or not it is owned by you.
2.3 Except as expressly set out in these Terms or as permitted by any local law, you agree not to
a. copy, undertake any form of commercial exploitation of, disassemble, decompile, reverse-engineer, alter/modify or hack into the Service (or any part of it);
b. use the Service or any part of it in an unlawful, fraudulent or malicious manner; or
c. permit Service or any part of it to be combined with or become incorporated in any other programmes.
2.4 You acknowledge that we cannot guarantee that our Service will:
a. stay the same, as we might change or remove it or make access to it subject to registration or charges;
b. be compatible with all or any hardware or software which you may use;
c. be available all the time or at any specific time;
d. be accurate and up to date;
e. be secure or functional at a certain speed; or
f. be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
2.5 You also acknowledge that we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Service to the fullest extent permissible by law.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 Our Service and all information, images, photographs and other content displayed on the Service (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors. We expressly reserve all Rights in and to the Service and the Materials.
3.2 You may only view, print out and use the Service and the Materials for your own personal, non-commercial use, provided that you do not:
a. remove any copyright or other proprietary notices contained in the Materials;
b. use any Materials from our Service in any manner that may infringe any of our Rights or the Rights of a third party; or
c. reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Service and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
3.3 Any use of the Service or the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Service or the Materials accessible on it.
4.1 We reserve all Rights in and to the Website domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Service. Other trademarks, products and company names mentioned on the Service may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
4.2 Nothing in these Terms should be construed as granting any licence or right to use any such trademark or domain name.
5 OUR LIABILITY TO YOU
5.1 You acknowledge that the Service is provided “as is” and on an “as available” basis, and (to the extent permitted by law), is provided without any guarantee, conditions or warranties.
5.2 We are not liable for any Materials posted by other users and which are available on the Service. In the event that you believe such Materials infringe any Rights, or are illegal, then you should use the functionality on the Service to flag such Materials so that we may investigate.
5.3 TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU WITH RESPECT TO USE OF THE SERVICE AND/OR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING WTIHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, OR LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE SERVICE, OR DEVICE FAILURE OR MALFUNCTION. WE SHALL NTO BE LIABLE EVEN IF WE HAVE BEEN ADVISED, ARE, OR SHOULD OTHERWISE REASONABLY HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORISED USE, DELAY IN OPERATION OR TRANSMISSION, CONNECTIVITY FAILURE, COMPUTER VIRUS OR ANY OTHER HARM.
5.4 In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall our liability arising under or in connection with these Terms and your use of the Service exceed £50.
5.5 We do not exclude our liability (if any) to you for:
a. personal injury or death resulting from our negligence;
b. fraud or fraudulent misrepresentation; or
c. any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
6 LINKING TO AND FROM OUR SERVICE
6.1 You may link to any page of our Website, for non commercial purposes provided that you do so in a way that:
a. is fair and legal ;
b. does not damage our reputation or take advantage of it;
c. does not suggest any form of association, approval or endorsement on our part where none exists.
6.2 You must not remove, obscure or modify in anyway any advertisements, copyright notice, or other information on our Service. Our Service must not be framed on any other site.
6.3 We reserve the right to withdraw linking permission at any time and without notice.
6.4 Our Service and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk and subject to that site’s own rules and policies. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we are, or our Service is, affiliated to or associated with such sites.
7 GENERAL PROVISIONS & APPLICABLE LAW
7.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
7.2 If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.
7.3 Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
7.4 The English Courts will have exclusive jurisdiction over any claim arising from or related to this Service. English Law will apply to these Terms.