Last Updated 18 February 2020
Welcome to The Explorers Lab Website
Thanks for visiting The Explorers Lab website. This website is owned, operated and managed by The Explorers Lab Middle East DMCC (Address : 2401, BB2 Tower, Mazaya Business Avenue, Jumeirah Lakes Towers, Dubai – 644801, United Arab Emirates.
By using our Website, you are agreeing to these terms. Please read them carefully.
Our services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you choose to use those Services.
Using our Services
You must follow any policies and terms made available to you through ‘theexplorerslab.com’ or any successor urls, and such policies and terms are subject to change from time to time, as may be deemed necessary by The Explorers Lab. If you disagree with in part or full any of the terms mentioned in these Terms, any future terms, and any policies mentioned on this website and successor websites, you may choose to discontinue your usage of our services. Your continued usage is tantamount to a digital signature to the terms mentioned herein, and anywhere else through The Explorers Lab website.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, (including applicable export and re-export control laws and regulations.) We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we notice suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. (These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.)
(Our Services may display some content that is not belonging to The Explorers Lab. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.)
In connection with your use of the Services of The Explorers Lab, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
What is the Scope of this Service?
Term of Agreement
These terms come into effect on the date that you first access The Explorers Lab website through this Website, successor URLs or any other Services, and shall continue to remain in effect until terminated by either You or The Explorers Lab (refer Termination). If You are paying for a Service, You shall be responsible for all the fees should termination occur prior or during the delivery of Services. The Explorers shall not issue any refunds for any pre-paid fees.
What is the kind of Personal Information I must disclose?
Content Submitted by You
Accuracy of the Content
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our liability to you for all damages incurred, demand a compensation or a settlement amount. The liability of The Explorers Lab to the same shall be fixed at Zero AED/ Zero USD only (0.00).
You also agree that you will not use these products for any purposes prohibited by the law of the United Arab Emirates, the United States of America, International Laws and conventions, including, without limitation, the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons. You are required to act in line with the local regulations of the land from where you initiate the usage of our Services, however maintaining interests of both you and us in a mutually non-exclusive manner.
We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our platform or related Websites. We do not pre-screen information posted on such portals. With respect to such Content, we act as a passive conduit for such distribution and are not responsible for the Content. Any opinions, advice(s), statements, services, offers, or other information in Content expressed or made available by users through our portals (licensed platform, and other related Websites) and other are those of the respective author(s) or distributor(s) and not of The Explorers Lab. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content.
It is important that ‘You’ understand that you are in the best position to know if the materials you post are legally allowed. We, therefore, ask that you please be careful when deciding whether to make User Content available on our Website. You are responsible for ensuring that Content submitted to this Website or through our mobile applications is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You, therefore, agree that any User Content that you post through our Website, and related Websites does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Content posted by you is solely and fully your responsibility, and The Explorers Lab takes no responsibility for the accuracy, completeness, legality, reliability, operability, availability, correctness or currentness of any such information.
You will retain all ownership rights to any Content you submit or make publicly available for inclusion in the The Explorers Lab Service (“User Submitted Content”), and we are not obtaining ownership rights to any Content submitted by You or your end users (User Submitted Content). We do, however, assume that with the posting of any Content grants us certain rights to the User Submitted Content so that we can incorporate such User Submitted Content in our Services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of your User Submitted Content on our Website or through our platform. The rights that we consider granted with the Content updated from you include the right to reformat and add links to your User Submitted Content so that we can present it in a user-friendly format, and such reformatted or enhanced material is considered a “derivative work” under the copyright laws.
Right to Remove Content
User Feedback, Suggestions and Improvement
Should you choose to share with us an idea, thought, criticism, suggestion, improvement or any sort of feedback (‘Feedback’), including in response to any product plans or roadmaps You hereby grant to The Explorers Lab a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, license, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same without restriction or obligation of any kind, on account of confidential information, intellectual property rights or otherwise, and may incorporate into its services any service, product, technology, enhancement, documentation or other development (‘Improvement’) incorporating or derived from any Feedback with no obligation to license or to make available the Improvement to Reseller or any other person or entity. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Content Submitted by Your Customers
Data collected from your customers has been referred to as ‘Customer Data’, ‘End User Content’, ‘End User Data’, and ‘User Submitted Content’ to point towards a unified definition in the next paragraph and in a replaceable manner used throughout these terms for ease of understanding. Wherever conflicting in explicit interpretation, the aforementioned terms would point towards the term ‘Customer Data’ only.
Ownership of Customer Data
You and/or your End Users retain ownership of the copyrights or other intellectual property rights applicable to any Customer Data You submit to The Explorers Lab; provided however that The Explorers Lab may use such Customer Data on a collective basis for its business purposes. You further agree that you will not upload, post or otherwise make available on this Website or through the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you.
Customer Representations & Warranties
You represent and warrant that:
- you own and/or have obtained all third party rights, licenses, consents, permission and/or authorizations necessary for The Explorers Lab to utilize the Customer Data in accordance with the rights grant to The Explorers Lab (in Customer Data) above, and
- the posting of the Customer Data does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Customer Data posted or submitted to the Website and/or through the Services available on The Explorers Lab.
Information provided by You or Your Customer (end user), should it contain any critical patient health information and happen to be an operational entity, organisation, business associates or subcontractors in the United States of America must be certified and in compliance in HIPAA (U.S. Health Insurance Portability and Accountability Act). The Explorers Lab may choose not get into intricacies of such verification, however, on report of such breach may choose to investigate and discontinue Services to such a violator.
By accessing this Website or our Services, you agree to abide by the following standards of conduct. You agree that YOU WILL NOT authorise, or facilitate any attempt by another person, to use our service to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by The Explorers Lab in its sole discretion.
- Use a name or language that The Explorers Lab, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful, racially or ethnically objectionable Content.
- Post Content which infringes another’s copyright, trademark or trade secret, or which infringes another’s privacy rights or other intellectual property rights.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit individuals under 18 years of age.
- Engage in disruptive activity, such as sending multiple messages in an effort to monopolise the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Misrepresent the source of any content posted.
- Misrepresent your identity in any way.
- Impersonate or represent The Explorers Lab, our employees and/or staff, or other industry professionals
- Obtain unauthorised access to any computer system through the Website and/or related Websites.
- Invade the privacy of any person, including, but not limited to, posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Post anything that violates children or minors or that which depicts cruelty to animals
- Violate any federal, state, local, or international law or regulation, as enacted, modified or updated from time to time.
- Transmit any instructions in crime or drug use.
- Encourage conduct that would constitute a criminal or civil offence.
- Solicit another user’s password or other account information.
These prohibitions do not require The Explorers Lab to monitor, investigate, police or remove any User Content or information submitted by You, any end user or any other user of the Website and/or services.
The Explorers Lab gives you a personal, worldwide, royalty-free, non-assignable, non-sub-licensable and non-exclusive license to use The Explorers Lab website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by The Explorers Lab, in the manner permitted by these terms.
You may not copy, modify, distribute, sublicense, transfer, modify, display, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software unless laws prohibit those restrictions or you have our written permission. You will neither remove any proprietary notices from the Services, The Explorers Lab materials made available to you, nor will you publish or disclose to third parties any evaluation of the Software or Services without The Explorers Lab’s prior written consent.
For purposes of these Terms, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law and any and all other proprietary rights. The Explorers Lab shall retain ownership of the Site, Software, Services, The Explorers Lab Materials and Demo Apps (including any modifications and enhancements to any and all of the foregoing), including all Intellectual Property Rights therein (but excluding any End User Data incorporated therein). Except for the rights expressly granted You by The Explorers Lab under these Terms, all other rights are expressly reserved. There are no implied rights.
By posting and/or submitting Content to The Explorers Lab, you are enabling the The Explorers Lab team to access to use, display, perform, distribute and modify your Content. In order to enable us to store and backup any such Content submitted to us through the Website or through our platform or related Websites and to display such Content on our Website or through our platforms or related Websites (subject to the limitations on access by third parties as stipulated by The Explorers Lab), you grant us a world-wide, royalty-free, non-exclusive license to use and reproduce such Content, and to create derivative works from such User Submitted Content to enable us to reformat and enhance the presentation of such Content. The license to reproduce and create derivative works from, Content shall remain in effect until we delete such Content from our systems. The license to distribute and publicly display such Content shall remain in effect until you change the designation of such Public User Submitted Content from our systems.
Unless otherwise specified, all information and screens made available to you through this Website platform including documents, services, Website design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of The Explorers Lab. All rights not expressly granted herein are reserved.
You agree not to register The Explorers Labs’ trademarks or confusingly similar trademarks with any governmental authority, and not to challenge the rights of The Explorers Lab in this regard. You shall take all actions necessary, in The Explorers Lab discretion, to preserve and protect the reputation and good name of The Explorers Lab.
Unless otherwise noted, all Content (other than User Submitted Content) contained on this Website is the property of The Explorers Lab and/or its affiliates or licensors, (and is protected from unauthorized copying and dissemination by UAE Copyright Law, USA Copyright Law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.)
Protecting Copyrights and Other Intellectual Property
The Explorers Lab respects the intellectual property of others, and we ask our users to do the same. The Explorers Lab complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright or other intellectual property infringement that comply with the DMCA and other applicable laws. The Explorers Lab shall at all points in time comply with the regulations put forward by the Telecommunications Regulatory Authority, UAE and Federal Communications Commission, USA. In addition, you agree that in the event The Explorers Lab receives a written demand alleging that any User Submitted Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, The Explorers Lab may in its sole discretion, remove or disable access to such User Submitted Content.
If you believe that any materials on this Website infringe your copyright or other intellectual property right, please provide us with the following information:
- A physical or electronic signature of the intellectual property owner or a person authorised to act on their behalf,
- Identification of the protected work and intellectual property right (i.e., copyright or trademark) that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorised version of the work,
- Identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material,
- Your contact information, including your address, telephone number, and an email address,
- A statement by you that you have a good-faith belief that the complained use of the materials is not authorised by the intellectual property owner, its agent, or the law,
- A statement by you, made under “penalty of perjury,” that the above information in your notice is accurate and that you are the lawful intellectual property owner or intellectual property owner or are authorised to act on the owner’s behalf.
If you want to contact us via email in such regard, you may drop us a line at firstname.lastname@example.org.
In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website or our platform who are repeat infringers.
When you register to use the in our Services offered on this Website or through our platform or related Websites or successor urls, you may be required to establish a login identifier and a password. If you may choose to give access to your account, by disclosing the login and password, it will be at your sole and full responsibility and bound by these terms. You are responsible for protecting your login and password from unauthorised use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Third Party Policy
The Explorers Lab may be linked to third party Websites in making the Services available to you. However, The Explorers Lab disclaims all implied, express and statutory conditions and warranties with regard to third party content, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights.
Your dealings and communications with any party other than The Explorers are exclusive between You and such third party. Any reference on this Website to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply The Explorers Lab’s recommendation or endorsement.
You also understand THAT YOUR INTERACTIONS AND DEALINGS WITH OTHER USERS OF THIS WEBSITE are solely between You and such other user and/or End User. The Explorers Lab is not responsible for any loss or damage of any sort incurred as a result of any such interactions or dealings, and The Explorers Lab has no obligation to become involved in any resulting dispute.
About Software in our Services
Any software made available to you as a part of this Website is also bound by the same terms, and the ownership and such intellectual responsibility will continue to remain with The Explorers Lab, as discussed in Intellectual Property clauses above.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that may expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. In the event of such termination by You, we would require a written notice from you.
Your activities and usage, when found in violation of these terms, The Explorers Lab shall notify you in writing of such failure and allow you 10 (ten) days to cure such breach. In the event that you fail to cure within such 10-day period, then The Explorers Lab may terminate these Terms and your access to the Services, including deletion of all End User Data.
The Explorers Lab may terminate these Terms and Your access to these Services at any time without cause by providing You with fourteen (14) days prior written notice, including, without limitation, notice given by electronic mail of such termination. The Explorers Lab may even add or create new limits to our Services at any time.
In the event of termination:
- All customer data and your account information will be permanently deleted, and The Explorers Lab has no obligation to retain any customer data or your account information for any period of time.
- You agree to immediately: (i) cease using the Services, (ii) destroy any downloaded or printed The Explorers Lab Materials and (iii) return or destroy, at The Explorers Lab’s discretion, any The Explorers Lab’s Confidential Information in Your possession and control (and upon The Explorer Lab’s request, provide written certification that You have complied with (i), (ii) and (iii)).
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THE EXPLORERS LAB NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, THE EXPLORERS LAB, AND THE EXPLORERS LAB’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE EXPLORERS LAB, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, THE EXPLORERS LAB, AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business Use of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify The Explorers Lab and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
In no event shall The Explorers Lab’s total, aggregate liability for any loss, injury, damage or expense arising directly or indirectly in connection with the Website, the services, the software and/or this agreement exceed the amount equal to the total fees paid by customer to The Explorers Lab.
By using all or part of this Site, You consent to receive electronic communications from The Explorers Lab, its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website and/or the Services made available through The Explorers Lab. These electronic communications are part of your relationship with The Explorers Lab and You receive them as part of your use of the Site and the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-savable rights. You may also receive a copy of these Terms by accessing this Website. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using this Website, its successor URLs or any related Websites.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than ten days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of this Website.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between The Explorers Lab and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United Arab Emirates will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the Courts in the United Arab Emirates, and You and The Explorers Lab consent to personal jurisdiction in those courts.
This Agreement will be governed by and construed in accordance with the laws of the United Arab Emirates.
Notwithstanding the foregoing, if You are an agency, instrumentality or department of the United Arab Emirates, then these Terms shall be governed in accordance with the Federal laws of the United Arab Emirates.
These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These Terms or any of your rights hereunder may not be assigned, nor may any of Your obligations under this Agreement be delegated, in whole or in part, by You by operation of law, merger, or any other means without The Explorers Lab’s express prior written consent and any attempted assignment without such consent will be null and void.
Any notices relating to these Terms shall be in writing. Notices will be deemed given by The Explorers Lab when sent to You at the email address or mailing address You provided during the sign-up process. All notices to Explorers Lab relating to these Terms will be deemed given
- when delivered personally,
- three (3) business days after having been sent by commercial overnight carrier with written proof of delivery, and
- ten (10) business days after having been sent by first class or certified mail, postage prepaid, to this The Explorers Lab address: 2401, BB2 Tower, Mazaya Business Avenue, Jumeirah Lakes Towers, Dubai – 644801, United Arab Emirates.
You consent to receive notices by email and agree that any such notices that The Explorers Lab sends You electronically, will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.
Entire Agreement & Governing Language
These Terms constitute the entire agreement between the parties, i.e., You and The Explorers Lab, with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, communications and agreements, written or oral regarding its subject matter. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of these Terms shall govern