Terms & Conditions
Welcome to biolista.com ! These Terms and Conditions (“Terms”) govern your use of our website, https://biolista.com, and the services provided herein. By accessing or using our website, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our website.
1. Acceptance of Terms
By accessing and using biolista.com, you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. We may update these terms from time to time, and your continued use of the website after any such changes constitutes your acceptance of the new terms.
2. User Accounts and Registration
To submit reviews and access certain features, you may be required to register an account. When registering, you agree to:
- Provide accurate, current, and complete information as prompted by the registration form.
- Maintain the security of your password and identification.
- Promptly update your registration data and any other information you provide to us to keep it accurate, current, and complete.
- Be fully responsible for all use of your account and for any actions that take place using your account.
3. User-Generated Content (Reviews)
3.1 Responsibility for Content: You are solely responsible for any content (including text, images, or other materials) that you submit, post, or display on biolista.com (“User Content”). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit.
3.2 Prohibited Content: You agree not to submit any User Content that:
- Is false, inaccurate, or misleading.
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.1
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.2
- Contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid scheme3s,” or any other form of solicitation.
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.4
- Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person 5or entity.
3.3 Our Right to Monitor and Remove: We reserve the right, but are not obligated, to monitor, review, or remove User Content at our sole discretion, without prior notice, for any reason, including but not limited to violations of these Terms.
4. Data Privacy and GDPR Responsibility
4.1 Your Contact Information: By enrolling and submitting your contact information, you acknowledge and agree that this information will be stored and processed by biolista.com in accordance with our Privacy Policy.
4.2 Your GDPR Responsibilities (for users submitting others’ data): If you submit reviews or any content that includes personal data of other individuals (e.g., names, contact details, or any information that identifies another living person), you explicitly acknowledge and agree that you are the Data Controller for that personal data. As such, you are solely responsible for:
- Obtaining valid consent from those individuals, where required, for the collection, processing, and display of their personal data on our platform.
- Ensuring the lawfulness of processing their personal data under GDPR and other applicable data protection laws.
- Providing necessary privacy information to those individuals, informing them about how their data will be used, stored, and displayed on our website.
- Responding to their data subject rights requests (e.g., access, rectification, erasure, restriction of processing, data portability, objection).
- Maintaining records of your processing activities and demonstrating compliance with GDPR.
- Notifying relevant supervisory authorities and data subjects in the event of a personal data breach you are responsible for.
biolista.com acts as a data processor in relation to the personal data of others that you submit. We will process such data only on your instructions as outlined in these Terms and our Privacy Policy.
5. Intellectual Property
All content on biolista.com, including text, graphics, logos, images, and software, is the property of biolista.com or its content suppliers and protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as generally permitted by standard web browser functionality.
6. Disclaimers and Limitation of Liability
6.1 No Warranty: The website and its content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. biolista.com does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
6.2 Limitation of Liability: In no event shall biolista.com, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
7. Indemnification
You agree to defend, indemnify, and hold harmless biolista.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, your User Content, any use of the website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website. This includes any claims related to your failure to comply with GDPR or other data protection laws when submitting personal data of others.
8. Governing Law and Jurisdiction
All matters relating to the website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal or state courts , although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jur6isdiction over you by such courts and to venue in such courts.
9. Miscellaneous
9.1 Entire Agreement: The Terms and our Privacy Policy constitute the sole and entire agreement between you and biolista.com regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
9.2 Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
9.3 Waiver: No waiver by biolista.com of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of biolista.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
