Terms and Conditions of Use

Terms and Conditions of Use

ScaleLab, LLC (“ScaleLab”) owns and operates the websites and domain names located at https://scalelab.co.uk including any other related pages, features, content, or application services offered from time to time by ScaleLab in connection therewith (including, but not limited to, all information, mobile application services, software, data, images, content and related materials, documentation and services connected therewith) (collectively, the “Site”). Please read these Terms and Conditions of Use and our Privacy Policy (“Privacy Policy”) (collectively the “Agreement”) carefully before accessing or using the Site. By accessing or using the Site, you or the entity you represent (“you” or “your”) agree to be bound by this Agreement. ScaleLab provides the information, services and other material on the Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

Subject to the terms and conditions of this Agreement, ScaleLab may offer to provide certain services, as described more fully on the Site, and that have been selected by you (together with the Site, the “Services”), solely for your own use, and not for the use or benefit of any third party, unless otherwise authorized by ScaleLab. Services include, without limitation, use of the Site, any service ScaleLab generally offers to you and the Content (as defined below) offered by ScaleLab on the Site. Notwithstanding the foregoing, and if applicable, Services shall not include any services performed by ScaleLab that are governed by a separate agreement entered into between you and ScaleLab. ScaleLab may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. ScaleLab may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

ScaleLab assumes no responsibility for any consequences or damages arising from, directly or indirectly, any action or inaction that you take based on the information, services or other material on the Site. While ScaleLab strives to keep the information on the Site accurate, complete and up-to-date, ScaleLab cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. The information and services offered on the Site are provided with the understanding that ScaleLab is not engaged in rendering legal or other professional services or advice. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Site.

License

Subject to your compliance with the terms and conditions of this Agreement, ScaleLab grants to you a non-exclusive, revocable, non-transferable license to access and use the Site and Services. You are only receiving a license to enter and use the Services strictly in accordance with the terms and conditions of this Agreement.

Conditions

As a condition of your use of the Site and Services, you agree and warrant to ScaleLab, that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

You may download or copy the Content (and other items displayed on the Site or Services) only for the limited purpose and as explicitly permitted by ScaleLab for download and only for personal non-commercial use, provided that you maintain all copyright and other notices contained in such Content.

You may not otherwise reproduce, download, copy, modify, commercialize, distribute, transmit, display, perform, reproduce, publish, license, reverse-engineer, de-compile, disassemble, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products, services or materials obtained from the Site, including but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”). The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by ScaleLab, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of ScaleLab, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of the Site. If ScaleLab issues you a password, in addition to any other terms provided by ScaleLab to govern your use of your password, you must maintain the confidentiality of your password, not share it with other users, and immediately notify ScaleLab if you believe your password has been compromised or is no longer confidential. You will be responsible for all activities taken under your password. Unauthorized individuals attempting to access prohibited areas of the Site may be subject to prosecution.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that ScaleLab will not be liable for any errors or omissions in any content. You understand that ScaleLab cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, ScaleLab cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will ScaleLab be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

If you are authorizing your employees and agents to use the Services, you agree to notify and inform your employees or agents having access to the Services of all obligations regarding the Services and shall be responsible for their compliance therewith.

ScaleLab adheres to, and is bound by, the YouTube Terms of Service. In order to use any aspect of the Site and Services which pertain to YouTube, you agree to be bound by the YouTube Terms of Service.

Proprietary Rights

The Site is owned by ScaleLab and is protected by U.S. copyright and other intellectual property and common laws. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the written permission of ScaleLab.

Unless otherwise noted, all logos, marks and product and service names are trademarks and service marks owned by ScaleLab and its affiliates and licensors (the “Marks”). Without the prior written permission of ScaleLab and the appropriate affiliates and/or licensors, you agree not to display or use the Marks in any manner.

You acknowledge that the license granted above in no way shall be construed to provide an express or implied license to use, modify or improve any of ScaleLab’s patents, copyrights, trade secrets and/or trademarks. ScaleLab reserves all rights to the Site not expressly granted to you in this Agreement. No license, right or interest in any trademark, trade name or service mark of ScaleLab or any third party is granted under this Agreement. ScaleLab reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portions hereof without notice or liability to you or any third party.

LIABILITY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ScaleLab, ITS AFFILIATES AND/OR SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIALS AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL ScaleLab, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ScaleLab, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless ScaleLab, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ fees and costs) related to or arising from your violation of this Agreement.

Use Subject to Privacy Policy

All information about you stored or transmitted in any way on the Site or through the use of the Services on the Site is subject to our Privacy Policy, which you can find at the following link: Privacy Policy. You understand that through your use of the Services, you consent to the terms of the Privacy Policy.

Links to Other Sites

While on the Site, you may be led to other web sites operated by ScaleLab affiliates or third parties. Because ScaleLab does not have control over the content and performance of these affiliate or third party sites, ScaleLab makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and ScaleLab assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  Furthermore, the Privacy Policy is applicable only when you are on the Site and does not apply to any affiliate or third party sites. ScaleLab is not responsible for the use of the information that you provide these affiliates or third parties. ScaleLab encourages you to read each site’s applicable terms and conditions and privacy statement.

Modifications to Agreement

ScaleLab may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Agreement in effect at the time of access.

Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. ScaleLab may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Site. ScaleLab may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including without limitation, ownership provisions.

Miscellaneous

You represent and warrant to ScaleLab that: (i) if you are an individual (i.e., not a corporation), you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law and the venue for any disputes shall be in Los Angeles County, California. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Failure by ScaleLab to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement is in addition to any other written agreements you may have entered into with, or will enter into with, ScaleLab.

PRIVACY POLICY

Use of the Site is subject to the provisions of this Privacy Policy, including any amendments or updates hereto. This Privacy Policy along with the Terms and Conditions of Use collectively constitute the “Agreement”. BY USING THE SITE OR SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MAY NOT USE THE SITE.

General

ScaleLab takes your privacy seriously. We gather certain types of information about our users and we want to help you understand the terms related to the collection and use of the information we collect. This Privacy Policy discloses the types of information we gather, how we use it, and what choices you have regarding the collection of such information. This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

By using, accessing or downloading from the Site or using certain features of the Services, you agree to the collection and use of your Personal Information (as hereunder described), all in accordance with the Terms of Use as set forth herein in its sole discretion. ScaleLab reserves the right to amend this Privacy Policy at any time and without notice, and it is your responsibility to review this Privacy Policy for any changes. Your use of the Site following any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms. If you are under the age of 13, you are not eligible to use the Site, and we ask you not to submit any personal information to us.

Personally Identifiable Information.

Use of certain features of the Site and Services may require submission of certain personally identifiable information (“Personal Information”), which we may store. For example, in order to access certain features of the Services, you may be required to submit your first and last name, email address, phone number, browser information, a nickname (or other user ID), a password, and third-party account credentials (for example, your login credentials for YouTube, Facebook, Twitter, Paypal or other third party sites). If you provide third-party account credentials, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into the account you create through the Services if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy.

If you provide us with a means of contacting you, we may use such contact information to communicate with you. For example, we may send you promotional offers on behalf of other businesses or communicate with you about your use of the Services. We may also receive confirmation when you open a message from us. If you do not want to receive communications from us, you may choose to opt out of receiving certain communications, by following the process at the following link: Opt Out. You may not opt out of receiving legal notices and any legal notices we send you will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.

Please note that any video, image, or other content posted at the direction of users onto the Site becomes published content and is not considered Personal Information subject to this Privacy Policy.

ScaleLab may also collect or receive (in some cases as part of the internet communication protocol) certain technical information, when the Site and pages are visited or when a ScaleLab client is used. Whenever you interact with the Services, we automatically receive and record information on our server logs from your browser, including your IP address, “cookie” information, and the page you requested.

Cookies

ScaleLab may use cookies, web beacons or similar technologies to enhance and personalize your experience of the Site, including to operate and improve offerings through the Site; to help authenticate your identity when you visit and transact with the Site; to remember your preferences and registration information; to present and help measure and research the effectiveness of the various offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon); and to customize the Content and advertisements provided to you. “Cookies” are identifiers we transfer to your computer or mobile device that allows us to recognize your browser or mobile device and tell us how and when you have visited certain pages and used certain features in the Services.

ScaleLab does not require that you accept cookies, and you may disable cookies at any time. However, some functionality of our Site may be impaired if you decline to accept cookies. To disable cookies, follow the instructions in your web browser.

We may use local shared objects, sometimes known as Flash cookies, to store your preferences or display Content based upon what you view on our site to personalize your visit. Our advertisers and third-party service providers also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. If you disable Flash cookies, you won’t have access to many features that make your guest experience more efficient and some of our services will not function properly.

Non-Personally Identifiable Information

ScaleLab may also collect or receive additional information specifically related to the use of a particular feature or offering on the Site and Services, and responses to the offerings and advertisements presented on the Site and Services.

How Your Information Is Being Used

The information is used to operate and improve the features, offerings and Content presented to you by ScaleLab, to personalize the Content and advertisements provided to you; to fulfill your requests for products, programs, and services; to communicate with you and respond to your inquiries; to conduct research about your use of the Site; and to help offer you other products, programs, or services that may be of interest.

Please note that ScaleLab may use your personally identifiable information to present offers to you on behalf of business partners and advertisers (“Advertisers”). However, while ScaleLab’s business partners and advertisers may receive aggregate data about ScaleLab users in order for the businesses or Advertisers to select the appropriate audience for those advertisements or offers, such Advertisers or any other third-party will not have access to such Personal Information, unless you have consented to the sharing of this information.

Notwithstanding the foregoing, your information may be accessed and disclosed if and as required by legal procedures, as determined by ScaleLab in good faith. Furthermore, ScaleLab may transfer personally identifiable information in the event of a transfer of ownership of ScaleLab or any of its Sites or products, in which case the information could become subject to a different privacy policy.

We may also share your Personal Information in a business transaction whereby we buy or sell company assets or in case of bankruptcy or other company rearrangement.

Behavioral Targeting and Third Party Advertising

ScaleLab or its advertisers may use third party ad networks and ad serving companies to help sell and present advertisements online in connection with the Site. These third party ad companies may use cookies, web beacons or similar technologies to help present such advertisements, to help measure and research the advertisements’ effectiveness, compile anonymous statistics about the Site’s users, to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In so doing, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of these technologies by these third party ad companies is subject to their own privacy policies, and ScaleLab disclaims all liability in connection therewith. These third party ad companies may also monitor the Site for the purpose of reporting Site traffic, statistics, advertisements, “click-throughs” and/or other activities. You may opt out of having the advertising that you see on our site targeted specifically to you by following the process outlined at the following link or going to the respective sites’ privacy policy(ies) and following the directions: Unsubscribe and Opt-Out. You can disable cookies, including those used by ad networks, by following the instructions in your web browser. ScaleLab does not provide advertisers access to any personally identifiable information that you have provided to ScaleLab (keeping in mind that anything you have elected to share publicly on the site is available to everyone to see).

Security of Your Information

ScaleLab has implemented security policies, rules and technical measures to protect and safeguard the personally identifiable information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our personnel that have access to, and are associated with the processing of your personally identifiable information, are obligated to respect the confidentiality of the information.

California Privacy Policy

ScaleLab’s privacy policy is to share personal information only with the owner’s informed consent. With your consent, from time-to-time, ScaleLab may provide its business partners with contact details for direct marketing purposes of relevant services, products, and programs. If you no longer wish your information to be shared, please let us know. If you have further inquires regarding ScaleLab’s information sharing practices, please let us know at by contacting us at [email protected].

YouTube API Services/Google Privacy Policy

ScaleLab utilizes YouTube API Services in accordance with the YouTube API Services Terms of Service.

Any aspect of the Site or Services that pertain to Google shall be subject to, and treated in accordance with, the Google Privacy Policy.

Special Note for Parents

Protecting the privacy of young children is especially important. For that reason, ScaleLab does not knowingly collect or maintain personally identifiable information on the Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If ScaleLab learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then ScaleLab will take the appropriate steps to delete this information.

Unsubscribe and Opt-Out

You can send an email directly to [email protected] for any concerns, as more fully detailed below:

You can always choose not to disclose information, but this may prevent you from using certain features of the Services. You may also be able to add, update or delete information by emailing informing us that you wish to delete or modify your personally identifiable information or any part thereof contained at our databases.

ScaleLab frequently provides users the opportunity to opt-out of receiving certain communications from us and/or our partners at the point where we request your information. ScaleLab seeks to comply with the CAN-SPAM Act of 2003 and will always strive to maintain a good relationship when contacting our customers and site visitors.

Additionally you may use one of the following options to request removal of your information from our databases. Please include the exact contact information you’d like removed and some detail about the type of communication you received from us.

Please note that some information may remain in our records after your deletion or modification of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Please also note that deletion of your personally identifiable information from ScaleLab’s database will not prevent ScaleLab from using gathered anonymous information.

In addition to ScaleLab’s normal procedure for deleting stored data, you can revoke ScaleLab’s access to your Google/YouTube data via the Google security settings page.

Non-U.S. Users

The Site is hosted in the United States. If you are accessing the Site from a jurisdiction with privacy laws or regulations that differ from United States laws, please be advised that through your continued use of the Site, you are transferring your personal information to the United States and you consent to that transfer.

Miscellaneous

Notwithstanding anything to the contrary in the Agreement, ScaleLab may preserve or disclose information reasonably believed necessary to comply with a law, regulation, legal process or governmental request.

Questions or Concerns

If you have any questions or concerns regarding our privacy policies, please contact us at [email protected].