Date of Last Revision: June 07, 2017
Welcome to PeaceLabs.co (the "Site"), a web site that helps corporations (the “Users”) to monitor the impact of their social responsability projects.
The PeaceLabs.co web site and its associated services (the "Services") may be found at the domain and its related subdomains found at www.PeaceLabs.co (the "Site"). The Site is owned and operated exclusively by Peace Enterprises, LTDA., (collectively referred to herein, together with its corporate affiliates, as "PeaceLabs", "us", "we" or the "Company").
PLEASE NOTE THAT BY AGREEING TO THE TERMS AND CONDITIONS PROVIDED FOR HEREIN YOU ARE TRANSFERRING RIGHTS TO PEACELABS FOR ITS COMMERCIAL USE.
Basic Description of User Participation on the Site
The Site is developed and operates using a variety of terms and phrases. The more commonly used terms are defined in more detail below. To summarize generally how the Site functions:
Projects are submitted by Users. All project Descriptions are viewable by members of PeaceLabs’s staff. In addition, all postings on the site automatically become available to the Company, when they are posted, for consideration for selection for development and/or commercialization, projection and sale. However, monitoring features such as setting and updating indicators and receiving reports are only available after the User has subscribed to a PeaceLabs paid account. Before that, the Project will also not be displayed on the “explore projects” page.
Users can fill the project description fields (background, problem being solved, project goals, SDG goals, video), add team members, activities and testimonials.
For monitoring impact indicators, Users should have a premium account which also enables the report generation feature.
Users with a premium account will receiving monthly update’s on their social project indicator. The indicators will be updated online and on a partial report. The Company takes no charge and assume no commitment with the currency of the contents being written on the reports descriptive fields. PeaceLabs will remember the User of the indicators researches due, and automatically pack the data uploaded by the User on a partial/final report. Therefore, the project manager responsibility is responsible for the fullfillment of the data. If the Project manager does not fill the data due, the report will be sent anyway with a message informing the social investor that the respective data field is incomplete.
Before sending a partial report, the project manager will be able to write a partial conclusion for that period, which will be added by the end of the report.
THE CO CREATION, SALE AND COMMERCIALIZATION OF ANY PROJECT IS SUBJECT TO THE COMPANY'S SOLE AND ABSOLUTE DISCRETION AND THE COMPANY RESERVES THE RIGHT, FOR ANY OR NO REASON, TO (I) REJECT ANY SUBMITTED ACTIVITY, (II) REFUSE TO POST ANY SUBMITTED ACTIVITY TO THE SITE, (III) TERMINATE THE DEVELOPMENT OR ANY PHASE RELATED TO A PROJECT, (IV) TERMINATE THE SALE AND OF ANY PROJECT, OR (V) SELL, OR TRANSFER A PROJECT, AND/OR ANY INTELLECTUAL PROPERTY RELATED THERETO, TO ANY THIRD PARTY.
Commonly Used Terms and their Definitions
All initial capitalized terms used in this Agreement shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following terms shall have the meaning listed below:
- "Project" means the social project that the User is digitizing in order to monitor their indicators and activities.
- “PeaceLabs Confidential Information” means all project Ideas and User Content or related information submitted to the site by a User or member of PeaceLabs, and any confidential information generated by a third party (whether a third party involved in the development and/or commercialization of a project, and/or in a transaction regarding a project and/or regarding intellectual property in a project, or otherwise), and any other non-public Site Content or related information.
- "Project Submitter"means any User that submits a project to the Site.
- "Intellectual Property"means any conception, idea, discovery, writing, trade name, trademark, service mark, copyright, right of publicity, mask work or any other material subject to, protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret, rights of publicity, or similar laws. Notwithstanding any brazillian or foreign legal provision to the contrary, Intellectual Property shall include any methods of doing business, and computer software and hardware and/or processes.
- "Intellectual Property Rights"means any brazillian and foreign legal and/or moral rights to any Project, conception, idea, discovery, writing, trade name, trademark, service mark, copyright, right of publicity, mask work or any other material, wherein the rights may be filed in the future, or are pending, or are registered, or are otherwise subject to, protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret, rights of publicity, or similar laws. Notwithstanding any brazillian. or foreign legal provision to the contrary, Intellectual Property shall include any methods of doing business, and computer software and hardware, and/or processes.
- "Projects"includes conceptions, ideas, discoveries, developments and improvements, whether or not reduced to practice and whether or not patentable or otherwise within the definition of Intellectual Property.
- "Person"means any individual, trust or legal entity.
- "Personally Identifiable Information"means information that is or that can be reasonably linked to a specific User.
- "project Idea"means Intellectual Property and/or an Project, project concept, design or idea that is submitted by a User to the Site as a project Idea on or after November 10, 2016.
- "Proprietary Information"includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Projects belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party. In no event, however, shall any User submit any Proprietary Information which includes any information that the User is prohibited from providing to PeaceLabs or submitting to the Site by any applicable federal, state, or foreign law.
- "Site Content"means all information on the Site and available through the Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
- “PeaceLabs subscription fee” means the monthly subscription fee a project manager should pay on or after June 08, 2017 to benefit from PeaceLabs premium features( such as monitoring indicators and receiving automatic reports)..
- "User"is anyone that creates an account online and is registered to post content on the Site and includes all other Persons who participate on the Site other than the Company.
- "User Content"includes all information that a User may transmit to the Site and/or the Company and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format. User Content also includes information a User provides to PeaceLabs outside of the Site in relation to User Content transmitted to the Site, and such information shall constitute User Content transmitted to the Site under this Agreement.
PeaceLabs Control of the Site and Services
You acknowledge that PeaceLabs is a service provider that has created the Site to allow Users to interact via the Site with each other and/or PeaceLabs personnel regarding topics and content chosen by Users, and that Users can alter the information presented on the Site on a real-time basis. PeaceLabs generally does not regulate the content of communications between Users or Users' interactions with the Services. As a result, PeaceLabs has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Users. Nonetheless, PeaceLabs reserves the right to monitor and/or limit any User Content posted by a User to the Site, including, without limitation project Ideas.
Other Parties’ Rights in Content
You acknowledge that: (i) by using the Site you will have access to User Content provided by other Users, and (ii) User Content and Site Content may be provided under license by independent content providers, including contributions from other Users. The Company may or may not pre-screen User Content submitted by Users to the Site. You acknowledge that the Company and other Users have rights in their respective Site Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Services or posting on the Site. You accept full responsibility and liability for your use of any Site Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from the Company or any other Users.
You agree that the Company has the absolute right and permission to use your name, voice, image, likeness, rights of publicity and your applicable User compensation information, as well as representations made by you, in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company, the Company's business or a project Idea.
Tax Withholding and PeaceLabs Payee Information Form
You acknowledge and agree that you are responsible for all taxes due on any payments made to you in connection with your participation on the Site and the Company will be under no obligation to make any payments to you.
Service Interruptions and Site Changes
PeaceLabs reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that PeaceLabs will not be liable for any interruption of the Site, delay or failure to perform. PeaceLabs has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion.
Certain aspects of the Site, such as monitoring project indicators and receiving project reports, may be for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted on the Site. PeaceLabs may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. All fees paid to the Company are solely for services provided by the Company through the Site and no payments made in connection with the Site should be made with any expectation by a User to receive any return payment, including any portion of project/IP Revenue or Co creation Fee from the Company.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"), including, but not limited to, your full legal name, city, state and country of residence; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
Ownership of User Content
(a) You agree to regard and preserve as confidential, all PeaceLabs Confidential Information, including, but not limited to, all project Ideas and/or User Content which is on or which is submitted or which may be submitted to the Site whether submitted by you or other Users or provided by PeaceLabs personnel. You will treat all Confidential Information with the same degree of care that You treat your own confidential or proprietary information, but in no event less than using standards of reasonable care. In maintaining the confidentiality of PeaceLabs Confidential Information hereunder, You agree that (i) you shall not, without first obtaining the written consent of PeaceLabs, disclose or make available to any person, firm or enterprise, reproduce or transmit, or use for its own benefit or the benefit of others, any such PeaceLabs Confidential Information, and (ii) you shall prevent disclosure to any competitor of PeaceLabs (known to be such after reasonable inquiry). You shall not, without obtaining the prior written consent of PeaceLabs, use PeaceLabs Confidential Information for any purpose other than for use of the Site, discussions between You and PeaceLabs, internal planning, joint collaboration between You and other registered Users of the site, and the provision of other services to PeaceLabs.
(b) Notwithstanding anything to the contrary contained herein, in the event of a breach or threatened breach by You of the provisions of this Section, PeaceLabs has no adequate remedy in money or damages and, accordingly, may seek injunctive relief, provided, however, that no specification in these Terms of Service of a specific legal or equitable remedy shall be construed as a waiver or prohibition against any other legal or equitable remedies in the event of a breach of a provision of these Terms of Service.
Commercial Arrangements with Third Parties
From time to time, PeaceLabs may contract with third party companies that may fundraise and/or sell projects based on a Selected project Idea. You agree that this Agreement and/or such third party companies' actions or inactions concerning your project Ideas and other User Content do not create between you and any such third party company any type of contract (e.g., express, implied, or quasi-contractual), any type of relationship (e.g., a fiduciary or confidential relationship) or any type of duty or obligation (e.g., financial or equitable), and you hereby waive and agree to waive any and all claims you have or may have in the future against any such third party companies concerning your Intellectual Property Rights, project Ideas, other User Content, and your use of the Site.
"PeaceLabs" and other PeaceLabs project names, brands, graphics, logos, designs, page headers, button icons, scripts and service names used by PeaceLabs to identify the Services, Site and/or other services and/or projects owned by PeaceLabs are registered trademarks, trademarks or trade dress (collectively, the "Marks") of PeaceLabs in the Brazil. and/or other countries. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any project or service in any manner that is likely to cause confusion or association or affiliation with PeaceLabs and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Conduct by Users; Prohibited Conduct
You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that infringes or violates any third party rights, including without limitation any Intellectual Property Rights, or that constitutes any other Person's Proprietary Information; (ii) take any action, written or otherwise, which is intended, or would reasonably be expected, to harm the Company or Company Affiliates or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company; (iii) impersonate any Person without their consent, including, but not limited to, a PeaceLabs employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iv) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that violates any law or regulation; (v) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content as determined by PeaceLabs at its sole discretion that is illegal, harmful, threatening, violent, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vi) take any actions or upload, post, e-mail or otherwise transmit to or via the Site any User Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personally Identifiable Information; (vii) take any action or upload, post, email or otherwise transmit to or via the Site any User Content or project Ideas or Proprietary Information that would violate any right or duty under any law or under contractual or fiduciary relationships (including, but not limited to, any inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (viii) upload, post, email or otherwise transmit to or via the Site any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (x) attempt to gain access to any other User's account or password; or (xi) "stalk", abuse or attempt to abuse, or otherwise harass another user; (xii) charge any third party for use of the Site or the Services; or (xiii) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Site or any of its algorithms.. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any amounts otherwise due to you from the Company, and you expressly waive all rights, claims, and/or causes of action against PeaceLabs in connection with the same.
User Presentation of PeaceLabs or PeaceLabs projects
Users may choose to produce a web application (including, without limitation, a website, blog, Facebook page, Twitter page, or similar) promoting or otherwise presenting PeaceLabs or publicly available PeaceLabs projects.
Any such application must comply with the following guidelines:
Post the following notice clearly and conspicuously on each and every page within an application: "This application is not affiliated with, endorsed by, or in any manner provided or controlled by Peace Enterprises LTDA. Peace Enterprises LTDA assumes no liability for the content of this application."
If using any PeaceLabs branding (including, without limitation, PeaceLabs or PeaceLabs project brand names or logos), do not distort or alter the brand appearance. For example, don't change any spelling, don't add or merge words, don't alter color, font or dimensions.
If using any PeaceLabs created imagery (still photos or videos), include the following attribution: "© `2016 PeaceLabs. All rights reserved." adjacent to each instance of imagery.
Don't claim any untrue association with PeaceLabs. PeaceLabs Users are not employees, consultants, contractors or agents of PeaceLabs.
Don't include the PeaceLabs name or other PeaceLabs brand name in a domain name (including, without limitation, Facebook page URL or Twitter page URL)
Don’t disclose any PeaceLabs Confidential Information.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or via the Services any materials that violate another party's Intellectual Property Rights or that constitutes another Person's Proprietary Information. Any infringing materials posted by any User can be identified and removed pursuant to PeaceLabs's Digital Millennium Copyright Act (the "DMCA") compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to suporte@PeaceLabs.co:
Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content;
Your contact information, including address, telephone number and e-mail address, and an indication whether you are the copyright owner, or, if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
PeaceLabs will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain, (b) contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and/or (c) remove the allegedly infringing Site Content. By your use of this Site, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with U.S. Copyright law, and waive any and all claims against PeaceLabs directly relating to, or arising from, the foregoing DMCA compliance process.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, PeaceLabs has adopted a policy of terminating, in appropriate circumstances and at PeaceLabs's sole discretion, Users who are deemed to be repeat infringers. PeaceLabs may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any Intellectual Property Rights, or who disclose PeaceLabs Confidential Information and/or Proprietary Information of others, whether or not there is any repeat infringement or disclosure. Any amounts that may otherwise be or may become due from the Company to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses PeaceLabs Confidential Information and/or Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.
Monitoring User Content
PeaceLabs is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Services. Although we provide rules for User conduct and postings and reserve the rights set forth in this Agreement, we are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Services.
Disputes Between Users
As a condition of access to the Site and the Services, you release PeaceLabs (and PeaceLabs's shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide. You further understand and agree that: (a) PeaceLabs will have the right but not the obligation to resolve disputes between Users relating to the Services, and PeaceLabs's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent PeaceLabs elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims; (c) PeaceLabs's resolution of such disputes will be final with respect to the Site, and any allocation of PeaceCoins or the allocation of any payments due to Users related to the foregoing, but will have no bearing on any real-world legal disputes in which Users of the Services may become involved; and (d) you hereby release PeaceLabs (and PeaceLabs's shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with PeaceLabs's resolution of disputes relating to the Site or the Services.
All Data on the Company's Servers is subject to Deletion, Alteration or Transfer
When using the Site or the Services, you may accumulate Site Content,, objects, items, scripts, or other value or status indicators that reside as data on the Company's servers. THIS DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON PeaceLabs'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN PEACELABS'S SOLE DISCRETION. Notwithstanding the foregoing, the Company will maintain back-up records related to any actual accumulated unpaid cash amounts earned by Users, and to the extent such information is deleted or otherwise altered, the Company will use its best efforts to accurately recreate such information to satisfy its payment obligations.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE WITH RESPECT TO USER CONTENT YOU POST ON THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH USER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, PEACELABS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT OR SITE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY'S SERVERS.
YOU UNDERSTAND AND AGREE THAT PeaceLabs HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY SITE CONTENT (INCLUDING YOUR USER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.
All Services are Provided "as is" Without Express or Implied Warranties
PeaceLabs PROVIDES THE SITE, THE SERVICES, YOUR ACCOUNT AND ALL RELATED GOODS AND SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, the Company does not warrant or guarantee that it can ensure continuous, error-free, secure or virus-free operation of the Services, the Site or your account, and you understand that you shall not be entitled to make any claim based on PeaceLabs's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
All Services Provided and Sales Made on "as is", no refund basis
THERE WILL BE NO REFUNDS FOR ANY REASON UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING ON THIS SITE. ALL SALES MADE BY THE COMPANY ARE FINAL, MADE WITHOUT ANY GUARANTEE, STRICTLY ON AN "AS IS" BASIS, AND PROVIDED AND ACCEPTED AT YOUR OWN RISK. PeaceLabs HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY MAKING A PURCHASE WITH THE COMPANY, YOU HAVE READ AND UNDERSTAND OUR NO REFUNDS POLICY.
PeaceLabs's liability to you is expressly limited, to the extent allowable under applicable law
IN NO EVENT SHALL PeaceLabs OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL PeaceLabs'S CUMULATIVE LIABILITY TO YOU FOR DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that PeaceLabs shall not be held responsible or liable for anything that occurs or results from accessing the Site or participating in the Services.
You hereby agree to defend, indemnify and hold harmless PeaceLabs, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Users of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless the Company, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third parties that your activity on the Site or your User Content (including your User Content as incorporated in a commercialized project Idea) infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
RIGHT OF SET-OFF
If you breach any representation, covenant, or obligation of these Terms of Service, including, but not limited to, the Prohibited Conduct provisions and your obligation of Confidentiality, or if PeaceLabs in good faith and in its commercially reasonable judgment believes that you have breached any representation, warranty, covenant or obligation of these Terms of Service, then PeaceLabs’s obligation to make any payments that may be owed at the time of breach or thereafter shall terminate, and PeaceLabs’s obligations under these Terms of Service shall terminate, but your obligations shall remain in full force and effect.
PeaceLabs complies with the U.S. - EU Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union member countries and Switzerland. PeaceLabs has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program and to view PeaceLabs's certification, please visit http://www.export.gov/safeharbor/.
If you have any complaints regarding our compliance with the Safe Harbor you should first contact us at email@example.com. If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe at https://feedback-form.truste.com/watchdog/request, fax to 415-520-3420, or mail to TRUSTe Safe Harbor Compliance Dept. at the relevant address listed at http://www.truste.com/about-TRUSTe/contact-us. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of Company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the Company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, point your Internet bowser to https://feedback-form.truste.com/watchdog/request, or request this information from TRUSTe at any of the addresses listed at http://www.truste.com/about-TRUSTe/contact-us. The TRUSTe dispute resolution process shall be conducted in English. For human resources data we have agreed to cooperate with national data protection authorities, a list of which can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
COLLECTION AND USES OF YOUR PERSONAL INFORMATION
You acknowledge and agree that PeaceLabs, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Services. Except as otherwise provided herein, including without limitation, in the Section "Media Waiver", the Personally Identifiable Information you provide to us is used for the Company's internal purposes only. PeaceLabs uses the information it collects to learn what you like and to improve the Services.
Depending on what Services you use on the Site, PeaceLabs may request Personally Identifiable Information from you, including but not limited to your full name, a valid email address and username and/or password, billing address, credit card information, proof of identification and physical mailing address.
You are required to provide a valid email address during User registration that will represent your identity on the Site as well as your full legal name, and postal address, including, city, state and country of residence, and your country of citizenship (e.g. for potential use in filing patent applications). You may opt to provide that your full name, gender, birthday, location and/or other personal information be publicly displayed in connection with your account and activity on the Site. While we'd prefer that all Users use their real names, PeaceLabs offers an alias option for those who'd prefer more anonymity.
Your chosen name is publicly displayed and connected to your Site activity. Other information visitors to the Site may see includes, without limitation, your date joined, profile information, feedback, total earnings to date, project Ideas submitted, project Ideas.
Some Users may connect to or register a PeaceLabs account using an external third-party application, such as Facebook. PeaceLabs may receive some data from those connected third-party applications. Connecting your PeaceLabs account to third-party applications or services is optional, and when you connect your account to an external application, you will be given the opportunity to grant permission. You can revoke your permission under your PeaceLabs account settings.
You agree that PeaceLabs may communicate with you via email and any similar technology for any purpose relating to the Site.
CONTROLLING AND ACCESSING YOUR PERSONAL INFORMATION
Content in a User profile on the Site is available to other registered Users of the Site. Site visitors may be able to identify you, or associate you with your User account if you include Personally Identifiable Information in your profile. The messages you send or receive using the Site are only private to the extent that you and the sender/recipient keep them private. PeaceLabs does not have any control over whether a recipient of one of your personal messages publicly posts it or its contents.
You can access and update your personal information and communication settings by selecting the "Edit Your Profile" option on your account dashboard. You may also terminate your account at any time by emailing PeaceLabs at firstname.lastname@example.org.
SHARING YOUR PERSONAL INFORMATION
PeaceLabs will not give any of your Personally Identifiable Information to any third party or otherwise disclose your Personally Identifiable Information without your express approval except: as reasonably necessary to fulfill your service request or purchase order, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to learn what you like and to improve the Services; to communicate with you regarding the Services and the Company's business; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; in connection with a merger, sale, reorganization, dissolution or liquidation of PeaceLabs businesses, to prospective or actual acquirers of PeaceLabs assets; to legal counsel; or as otherwise necessary to protect the Company, its agents and other users of the Services. PeaceLabs can (and you authorize PeaceLabs to) disclose any information about you to private entities, law enforcement agencies or government officials, as PeaceLabs, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. The Company may share general, demographic, or aggregated information with third parties about its Users and their User Content and Site usage, but that information will not include or be linked to any Personally Identifiable Information without your consent.
SECURITY OF YOUR PERSONAL INFORMATION
PeaceLabs follows generally accepted industry standards for the protection of the Personally Identifiable Information that you submit, both during transmission and after receipt. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
RETENTION OF YOUR PERSONAL INFORMATION
PeaceLabs uses a browser feature known as a "cookie," which is a small text file number that is stored on your hard drive when you begin to navigate the Site. The cookies used by the Site do not contain any Personally Identifiable Information about you, but they may identify your specific computer. If you would like to disable cookies from PeaceLabs, please use the help function in your web browser to restrict cookies from the Site. If you block cookies from PeaceLabs, you may not be able to use certain functions or features of the Site.
LINKED WEBSITES, SERVICES
The Site may contain links to websites other than the Site, and redirection or pass-through to, or integration of, services other than the Services. Except as set forth herein, PeaceLabs does not share your Personally Identifiable Information with these websites and services, nor is PeaceLabs responsible for the privacy practices of these websites and services. PeaceLabs makes no representations or warranties concerning such websites and services, nor shall PeaceLabs have any liability concerning such websites and services.
BLOG, FORUMS, CHAT ROOMS AND PARTICIPATE PAGES
The blog, forums, chat rooms and participate pages of the Site are public. The information that you provide in such portions of the Site is publicly available to others, and can be read, collected and/or used by others, potentially outside the Site. Finally, the opinions expressed by each blog, forum, chat room or participate page participant (who is not an employee of PeaceLabs) is his/her own and do not represent the views of PeaceLabs.
PeaceLabs does not knowingly collect Personally Identifiable Information from children under the age of 18 without the verifiable consent of a parent or guardian. If PeaceLabs learns that it has collected Personally Identifiable Information of a child under the age of 18 without parental or guardian consent, we will delete that data from our systems and terminate the child's account. If you become aware that a child has provided PeaceLabs with Personally Identifiable Information without parental or guardian consent, please contact PeaceLabs at legalnotice@PeaceLabs.co.
Dispute Resolution; Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the Leis da Republica Federativa do Brasil, foto de Curitiba, under its Commercial Arbitration Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The Site and the Services is controlled and operated by PeaceLabs from its offices within Brazil. The Company makes no representation that any aspect of the Services is appropriate or available for use in jurisdictions outside of Brazil. Those who choose to access the Services, whether from Brazil or from other locations are responsible for compliance with all applicable local laws, including, but not limited to, any city, state, federal, Brazil and/or foreign laws. You must comply with all export and import laws and restrictions and regulations of any Brazilian or foreign agency or authority relating to the Services and its use.
The Company's failure to act with respect to a breach by you or others does not waive PeaceLabs's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by PeaceLabs under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of the Company. All or any of PeaceLabs's rights and obligations under this Agreement may be assigned to any successor, legal representative, transferree or assignee of PeaceLabs’s choosing, including, but not limited to any subsequent owner or operator of the Site and/or the Services in as a result of a merger, acquisition or sale of all or substantially all of the Company's assets. You may not assign or transfer this Agreement or any or all of your rights or obligations hereunder without the prior written consent of the Company, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of PeaceLabs shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of PeaceLabs.
This Agreement sets forth the entire understanding and agreement between you and PeaceLabs with respect to the subject matter hereof. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
PeaceLabs may give notice to you by means of a general notice on the Site, and may provide legal notices and/or service of process to you by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement from you to PeaceLabs, not including service of process, shall be mailed to us at legalnotice@PeaceLabs.co unless otherwise provided in this Agreement; provided, however, that a copy of any legal papers served on PeaceLabs must also be emailed to us at contact@PeaceLabs.co in addition to service of process by such means provided under the Brazilian law.