End-User License Agreement (EULA) for The Mislabeled Specimen (TMS) App
This End-User License Agreement (“EULA”) is a legal agreement between you and The Mislabeled Specimen. Our EULA was created by EULA Template for TMS.
This EULA agreement governs your acquisition and use of our TMS software (“Software”) directly from The Mislabeled Specimen or indirectly through a The Mislabeled Specimen authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the registration process and using the TMS app. It provides a license to use the TMS app and contains warranty information and liability disclaimers.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not register or login to TMS, and you must not accept this EULA agreement.
The terms also apply to any The Mislabeled Specimen updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
The Mislabeled Specimen hereby grants you a personal, non-transferable, non-exclusive license to use the TMS app on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the TMS software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the TMS app.
You are not permitted to:
- Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble, or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell, or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national, or international law
- use the app for any purpose that The Mislabeled Specimen considers is a breach of this EULA agreement
Intellectual Property and Ownership
The Mislabeled Specimen shall at all times retain ownership of the app as originally downloaded by you and all subsequent downloads of the app by you. The app (and the copyright, and other intellectual property rights of whatever nature in the app, including any modifications made thereto) are and shall remain the property of The Mislabeled Specimen.
The Mislabeled Specimen reserves the right to grant licenses to use the app to third parties.
Termination
This EULA agreement is effective from the date you first use the app and shall continue until terminated. You may terminate it at any time upon written notice to The Mislabeled Specimen.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the app. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of us.
Objectionable Content Policy
Content may not be submitted in public posts to TMS, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
All submitted posts will be reviewed by TMS prior to publishing on the TMS App. Contents containing keywords that might be considered “objectionable” including user comments will be flagged and subject to approval by TMS admin.
Comment Flagging and Reporting
Guest and Registered users have the ability to flag and report comments by clicking on the Flag Icon on comments. Comments flagged more than 5 times or down voted more than 10 times will automatically be labeled as “Unapproved” and removed from the comment thread. TMS admin may or may not choose to remove the comment or block the author.
Once abuse is verified, offensive comment will be removed, comment author’s username and email added to the comment blacklist and offender will no longer be able to generate any content on the TMS app.
Please note that all comments from guest commenters or registered users who haven’t commented before will be subjected to TMS admin review prior to appearing on the app.
Blocking Other Users
Blocking other users (or commenters) can be done by clicking on the commenter’s name. This will take you to the commenter’s profile page where there is an option to Block User. To unblock, go to your profile page, account settings, then blocked members. (Note: You can not block guest commenters but you can report the comment and have it removed by TMS admin.)