Mabriteccentral.com Terms of Service
By using this website, and all related tools and services (collectively the “Services”), you indicate your unconditional acceptance of the following Terms and Conditions.
“Company”, “Mabriteccentral”, “we”, “us”, or “our” shall refer to Mabritec AG.
Site shall refer to Company, Mabritec family websites including www.mabritec.com, mabriteccentral.com.
- You, User and Users.
ID, Identification, refers to the bacterial spectra identification service which Company provides through Site.
Bruker raw files or MZML files. The file(s) is generated from any MALDI-TOF MS system.
Services on the Site can be either for free or for a fee, and paid services are provided as a form of license with a fixed term.
User needs to purchase a license to use the any paid services on the Site. Company reserves the right to decide and amend the license term and the number of analysis and storage capacity of the analysis result during the license term.
- Service and License
Company and Site
Company may make available the Services for free or for a fee from time to time. Free services may require login for Users to use and Users should register and login to get the paid license. Company shall provide the ways to get free analysis services and each of which has different terms and conditions. Company has the right to change those terms and conditions without a prior notification. The amended terms and conditions for free analysis services shall be posted on the Sites or mailed to Users. Company may delete the result from the free analysis services without the prior notification. As for the paid license, User will send a purchase order to Company to get the paid license, and the license takes effect right upon the reception of the purchase order. However, Company and User can make the agreement on the effective date of the paid license. All the analysis result will be deleted permanently on the license expiry date. User must give Company a notice to extend the license or storage of data at least a week before the expiry of license
- File Transmission
User transmits the Sample files to the Site by the ways Company designates. You agree not to transmit and/or store any digital files that are not allowed by the Company. Company will make use of the file only for the analysis and delete upon the completion of the analysis. In the case that User wants Company to upload or handle user data files manually, Company may charge additional cost for a customization and/or any extra data handling requested by either free services or paid license users.
All free services provided by the Company shall be available only for researchers who are affiliated with non-profit academic institutions for publications. Any result/data from the free services shall not be used in commercial projects, development of own products/databases, or the user’s own benefit. Users must provide citation and proper attribution to the Company. Paid license shall be available for all users and the quantity and duration of the service is limited based on your subscription level. Any such limitations in the level of subscription are specified within the instructions or related documents.
Research Purpose Only
By using this Site and Service, you acknowledge that the material is for research purposes only, and is not intended to be used in the diagnosis, treatment or care of humans or of non-human animals. You agree not to use any contents or analysis result from Services for either the commercial purpose or any lawsuit.
Disclaimer of Warranties
The Site, Services and accompanying documentation is provided “as is” without warranty of any kind, either expressed or implied. MABRITECCENTRAL EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall MABRITECCENTRAL be liable for any loss of profit or any other commercial damage including but not limited to special, incidental, consequential or other damages.
Your use of Site, any website linked through Site, and any material available on Site is entirely at your own risk. in no event shall the Company or its agents, affiliates, partners, or licensors (collectively, “affiliates”) be liable for any direct, special, indirect, incidental, consequential or punitive damages, or any damages whatsoever, resulting from loss related to the use of the site or the content contained herein regardless of the type of claim or the nature of the cause of action, even if the site owner has been advised of the possibility of such damage or loss. None of the site owner or affiliates shall be responsible for lost profits, revenues, or data, or financial losses associated with the use of this site or the materials contained herein. in the event any exclusion or limitation of liability is limited by law, such liability is limited to the fullest extent permitted by law. Any disclaimer of liability that is provided in connection with any Service described on Site shall be limited to the warranties provided in the documents of sale of such product, and any limitations included therein. You are responsible for the correct handling of any Services. Company shall not assume any liability for damages resulting from wrong handling of such products and services.
By using our Services, you agree to indemnify, hold harmless and defend Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
Third Party Content
Any link contained on this Site which provides access to third party resources or content is provided for convenience only. Company does not express any opinion on or endorsement of the content of any such third party links and expressly disclaims any liability for the quality, content, nature, or reliability of any such third party resources and the information, products, and services found thereon.
Copyright and Trademark
The Site Owner owns the copyright in all material and information contained on this Site unless otherwise indicated. This Site and all materials and information herein are for informational purposes only and are subject to all applicable Swiss and international copyright laws. Any reproduction, retransmission or other use is strictly prohibited. You may print one copy and may download extracts of any page(s) from the Site for your personal reference. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You must always acknowledge the Site Owner’s status (and that of any identified contributors) as the author of material on this Site. You must not use any part of the materials on the Site for commercial purposes without the Site Owner’s written permission. The Site Owner is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where the Site Owner suffers damage. No license is granted to you to use any trademark of the Site Owner or their Affiliates. You shall not assert any claim or ownership to any such trademarks.
You agree that you will not engage in the following conduct and will not authorize or aid others in doing so:
- Transmit or submit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Company.
- Utilize any automated means, including without limitation scraping, to obtain content from the Services, with the exception of authorized use of the Company API.
- Use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations.
- Act in a fraudulent, tortious, malicious, or negligent manner when using the Services
To keep Company server secure and stable, Company reserves the right to suspend or terminate any part or portion of the Services or terminate your access to the Services if it reasonably believes that you are misusing or abusing such Services or are otherwise in breach of these Terms of Service. For User to access the service without any limitation again, User may have to declare the alleged the breach of these Terms and Conditions didn’t have any intention of harm or damage to the Company’s Server.
Data and Content Rights and Obligations
Company may use User’s analysis result for the purpose of improvement of the quality of its analysis services without notification to the owner of the data. As for the Complimentary Data, User may take the complimentary dataset into his/her own data set. However, all the complimentary data which Company provides through the Site cannot be used for an advertisement or online/offline publications. The User must not provide any of the Company’s complimentary dataset to any other third parties without Company’s written permission.
The Site and Services shall be governed and construed in accordance with the export laws and regulations of Switzerland, and foreign equivalents and the User must comply with all domestic and international export laws and regulations that apply to the Site and Services. These laws include restrictions on destinations, end users, and end use.
Void Where Prohibited
Although this Site and its content may be accessible worldwide, not all products or services discussed on this Site are available to all persons or in all geographic locations or jurisdictions. Any offer for any product or service herein or access to information made on this Site is void where prohibited by law. Accessing the Site from territories where its contents are illegal or unlawful is prohibited.
Term and Termination
These Terms and Conditions shall apply for so long as a user access and/or uses the Services. We may terminate any user’s access to our Services, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms and Conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services. Company will have no obligation to provide a refund of any amounts previously paid to Company. Upon termination of your account under these Terms and Conditions, all license rights granted by you to Mabriteccentral shall survive termination. Even after your right to use the Site and Service are terminated or suspended, these Terms and Conditions will remain enforceable against you. The User may unregister or terminate the license agreement. The User should give Company notice of closing and follow the designated procedure which may require an agreement. You agree that your personal information and all the biological data and the analysis result will be deleted permanently and no longer available once you close your account.
We reserve the right to change these Terms and Conditions at any time by publishing the amended Terms and Conditions on the Site. You should visit this page from time to time to review updates to the Terms and Conditions that are binding on you. Certain Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or in correspondences sent to you. The User should agree to the updated Terms and Conditions to keep using the Services and/or Site.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, then to the extent that Term or Service is illegal, invalid or unenforceable, it shall be severed and deleted. The remaining Terms and Conditions shall survive, remain in full force and effect, and continue to be binding and enforceable. No waiver by Company of breach of an obligation arising under these Terms and Service shall constitute a waiver of any other breach.
If you have any questions or complaints regarding our Terms and Conditions, please contact us. We appreciate your comments and will do our best to respond to your request.
Mabritec AG, Lörracherstrasse 50, 4125 Riehen, SWITZERLAND
TEL: +41 61 631 28 46