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TERMS OF SERVICE

Elixir Labs Terms of Service


These Terms of Service (“Terms” or “Agreement”) govern the access and/or use by you, an individual user or viewer of content, websites, products, services, applications, and any of the services made available by Elixir Labs, a private business established in Singapore, Singapore (“Us”, “We” or “Elixir Labs”). Elixir Labs is the rightful owner of the domain and content located at https://elixirlabs.xyz/

By using the website, the related mobile website, and any mobile application (collectively, the “Websites”) or any software, you agree to be bound by these Terms of Service, whether or not you register as a member of Elixir Labs ("Member"). If you wish to become a user and/or Member of the Service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the Elixir Labs Privacy Policy, do not use the Service, by using this Service in any way, you are agreeing to these terms.

Your use and access of the Services establish your agreement to be set and bound by these Terms, which establishes a contractual relationship between you and the Service, Elixir Labs. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Elixir Labs, with their sole discretion and reasoning, may immediately modify or terminate these Terms or any Services with respect to you, or cease offering and deny access to the Services or any portion thereof, at any time for any reason, effective upon posting on the relevant Website. Your continued use of the Websites and the Service following Elixir Labs posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of, and consent to, the revised Agreement made by Elixir Labs.

Elixir Labs Helping you increase your reselling profits! PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS VITAL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING DIFFERENT EXCLUSIONS AND LIMITATIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WOULD BE RESOLVED.

Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be changed and/or modified by Elixir Labs whenever so often, at leisure, such modifications to be effective upon posting by Elixir Labs on said Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Access and Retention

In order to access and retain this electronic Agreement, you must be at least eighteen years of age or the age of legal majority in your jurisdiction (if different than 18), or have permission by a parent or legal guardian. You must have access to the Internet, either directly and/or through devices that access web-based content, and pay any service fees associated with such access. Account registration requires you to submit to Elixir Labs certain personal information, such as your email, billing address, as well as at least one valid payment method (either a credit card or accepted payment partner). Your payment information is stored on the secured third-party platform, STRIPE, and users are encouraged to read and review Stripe’s terms of service and privacy policies. You acknowledge that Elixir Labs is not liable for the safety and security of payments and payment information through any third-party platforms. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Elixir Labs. This may lead to the immediate termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account license key, which is emailed to the purchase email, as well as your Discord username and password, at all times, used to access these Services.

By posting or submitting any material on or through our Websites such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and that you are at least 18 years old or have parental guardian permission to do so.

2. Commercial Use of Service

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service; b. You have read and understand this Terms of Service; and c. You agree to this Terms of Service on behalf of the Subscribing Entity.

Use of the Websites and Service is with the permission of Elixir Labs, which may be revoked at any time, for any reason, at Elixir Labs's sole discretion.

3. Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify the Entity of Elixir Labs of any unauthorized use of your username or password or any other breach of security to try and resolve the situation, and (b) ensure that you exit from your account after a session of usage to prevent unauthorized use or any breaches of security any further. Elixir Labs is not liable for any loss or damage arising from your failure to comply with this provision. You should exercise caution when accessing your account from a shared or public computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Elixir Labs account.

4. Your Use of the Websites

  1. You may not browse or download illegal content.
  2. You must not copy or capture, or attempt to copy or capture, any content from the Websites and it’s content or any part of the Websites, unless given express permission by Elixir Labs.
  3. You must not copy, republish, adapt, make available or otherwise communicate to any outside entity, and/or the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you, or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content.
  4. You must not use any Content other than your own Content in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
  5. You must not employ scraping, copying and pasting or other similar techniques to aggregate, repurpose, republish or otherwise make use of any Content put out by Elixir Labs, for any purpose.
  6. You must not employ the use of scripts, apps, plugins, bots, extensions or other automated means to make and register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
  7. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites other than your own content.
  8. You and any third party, are not permitted to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, modify , decompile or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  9. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable and unethical in Elixir Labs’s sole and reasonable discretion;
    • any information, Content or other material that violates, misappropriates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Elixir Labs’s sole and reasonable opinion;
    • any use of material or software of any kind that contains any virus, Trojan horse, spyware, adware bot, time bomb, worm, malware or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
    • any unauthorized or unsolicited advertising, promotional messages, spam or any other form of solicitation.
  10. You must not commit or induce, engage in, or encourage, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  11. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
  12. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  13. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Elixir Labs employee or agent. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and any services provided by Elixir Labs and you will not be entitled to a refund. n. You must not sell or transfer, or offer to sell or transfer, any Elixir Labs account to any third party without the prior written approval of Elixir Labs.
  14. You must not sell or transfer, or offer to sell or transfer, any Elixir Labs account to any third party without the prior written approval of Elixir Labs.
  15. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  16. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Elixir Labs or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Elixir Labs’s system, servers or network or attempt to breach Elixir Labs’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Elixir Labs’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Elixir Labs under these Terms of Service, Elixir Labs reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
  17. You must not act in any way that may violate integrated platforms on the Website including but not limited to; Discord, Stripe or any other Third-Party Service’s Terms of Service and Privacy Policies. Elixir Labs has no responsibility or liability for any User’s conduct or misconduct on any Third-Party Platform, including but not limited to Discord and Stripe.

5. Services & Rules

Elixir Labs Members will receive exclusive access to the chat group facilitated through the online platform, Discord. Membership provides information, tools, and education on obtaining shoes, clothing and other goods for retail. The chat group allows on-going support within the Elixir Labs membership group. Elixir Labs provides no express or implied warranty or representation of any kind that members will sell goods or make profit. (See Section 15 below). Elixir Labs is not responsible for the terms of service or policies of any third-party platform or third-party vendor, nor is Elixir Labs responsible for the acts, omissions, or liability of any third-party. Members must abide by the Elixir Labs Discord Chat rules set out below:

6. Elixir Labs Discord Chat Rules

  1. No spamming or flooding the chat with messages.
  2. No heated arguments towards other members / staff in the chat.
  3. No adult (18+), explicit, or controversial messages.
  4. No racist or degrading content (racial terms are not allowed).
  5. No advertising other sites/discord servers/services without the permission of an Admin
  6. No offensive names.
  7. Do not promote cracked bots or software.
  8. Do not be a nuisance in the community, repeated complaints from members will lead to administrative action.
  9. Do not argue with administrators and/or moderators.
  10. Do not troll.
  11. Use commands at their designated channels, misuse of commands in channels will lead to administrative action.
  12. Do not share accounts, we will ban your account when we find out.
  13. Do not spread false information, this will lead to a ban.
  14. DO NOT SHARE INFORMATION FROM THE DISCORD.
  15. Do not talk about old or aged gmails, there shall be no purchasing or acquiring bulk gmail accounts, as this constitutes impersonation and violates discord rules of service.

Voice Chat-Specific Rules

  1. No voice chat surfing or switching channels repeatedly, this causes unnecessary sound.
  2. No offensive words, loud or high pitch noises.
  3. Reduce the amount of background noise, if possible. Resort to push to talk in your settings to reduce the issue.
  4. You will be removed or muted if sound quality is poor to other members.

Breaking any one of the above-mentioned rules may result in a temporary restriction of your account, and in case of a repeated rule-breaking we reserve the right to impose a permanent ban to your account or take such other action as we see fit. This may include taking legal action and/or reporting offending users to the relevant authorities if you infringe on another person's rights or violate any law, rule or regulation.

6. Payments and Refunds

Payments are made through Stripe, a third-party application, via credit or debit card. There are strictly NO REFUNDS. Stripe is a secured payment platform and for the terms of service and privacy policy please visit the Stripe website directly.

7. Dispute Resolution Policy

Elixir Labs is committed to providing an exceptional service. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person (or via online video conference) with an objective third party to act as the mediator, to be selected using a roster mediator in Singapore to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. If the dispute cannot be resolved after 30 days of mediation, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party. All legal action must take place in the jurisdiction of the appropriate court located in Singapore. You agree to comply with the above conditions, and acknowledge and agree that Elixir Labs has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

8. Term and Termination

This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at [email protected] If you resign or cancel your membership and/or subscription to Elixir Labs, to help us to analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Elixir Labs may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Elixir Labs. If Elixir Labs terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Elixir Labs. Elixir Labs is not required to provide you notice prior to terminating your membership and/or subscription. Elixir Labs is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

9. Modifications to Service

Elixir Labs reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Elixir Labs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. Blocking of IP Addresses

In order to protect the integrity of the Services, Elixir Labs reserves the right at any time in its sole discretion to block Members with certain IP addresses from accessing the Websites.

11. Content

  1. Proprietary Rights.

    Elixir Labs retains all proprietary rights in the Websites and the Service. The Websites contain the copyrighted material, trademarks, and other proprietary information of Elixir Labs, and its licensors. Except where we have given you express written permission, you are not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Elixir Labs is proprietary and all information exchanged in the chat groups are confidential. Except where otherwise specified in this Agreement, all Content is copyrighted material of Elixir Labs and for Elixir Labs’s Members' use only. Distribution of Content to others is strictly prohibited. You agree that Elixir Labs would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Elixir Labs shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.We may provide links to third party websites, and some of the content appearing on Elixir Labs may be supplied by third parties. Elixir Labs has no responsibility for these third-party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third-party content providers.

  2. Ownership of Your Content; Licenses.

    You agree that any content you upload to the Websites and/or the Service (“Your Content”) is your own and Elixir Labs is not liable for any posted content nor shall Elixir Labs own any of the intellectual property of the content. When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Websites, you are granting us, and anyone authorized by us, license and authority to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This non-exclusive license grants us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your public comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, distributed, reproduced, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

12. Restrictions on Use of Materials

You acknowledge that Elixir Labs contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the relevant copyright laws, and Elixir Labs owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

13. Copyright Policy

Elixir Labs prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights, which includes the rights of privacy and publicity of any person or entity.

14. Limitation of Liability and Disclaimer

In no event shall Elixir Labs be liable for any damages whatsoever, whether direct, indirect, special, compensatory, general, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from Elixir Labs or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph. The content and functionality on the Websites and the Services provided by employees, contractors or agents of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Elixir Labs makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL Elixir Labs, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF Elixir Labs HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Elixir Labs HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Elixir Labs HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

15. Indemnity by You

You agree to indemnify and hold Elixir Labs, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

  1. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, or chat group and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
  3. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Elixir Labs.

16. Privacy

Use of the Websites and/or the Service is also governed by our Privacy Policy, located below

17. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

18. Governing Law

These Terms shall be exclusively governed by and construed in accordance with the laws of the province of Singapore, Singapore. In any judicial proceeding involving a dispute arising from or with respect to this Agreement, the parties agree to submit to the personal jurisdiction of the courts located in the city of Singapore, Singapore.

19. Notice

Elixir Labs may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Elixir Labs by written communication to Elixir Labs’s email address at: [email protected]

20. Entire Agreement

This Agreement contains the entire agreement between you and Elixir Labs regarding the use of the Websites and/or the Service.

21. Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Elixir Labs’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Elixir Labs’s ability to enforce such term at any point in the future.

22. Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. If you have any questions about these Terms of Service, please contact us at [email protected]

BY USING THE WEBSITE(S) YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.