ATTENTION: These terms of use are issued by RoopuCloud OÜ. These Terms of Use apply to the use of the Website under the domain name /. Please read these terms carefully before using the Website. We provide the Website to you subject to these Terms of Use which may be updated by us from time to time. By accessing and using the Website you accept and agree to these Terms of Use and the Company’s Privacy Policy regardless of whether or not you choose to purchase a subscription to the training courses, certifications and related products, services and content which we market for subscription on the Website ( Services ). If you do not accept these terms, do not access or use the Website.
- Introduction a) You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you or your employer subscribe to the Services. These Terms of Use to not apply to your access and use of the Services. b) By accessing any part of the Website, you shall be deemed to have accepted Terms of Use in full. If you do not accept Terms of Use in full, you must leave the Website immediately. c) The Company may revise these Terms of Use at any time by updating this posting. Such revisions shall be effective upon posting so you should check the Website from time to time to review the then-current Terms of Use, because they binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on the Website. Except for terms related to subscription and use of the Services, such other notices or terms are hereby incorporated into these Terms of Use by reference.
- Intellectual Property Rights a) You are permitted to print and download text, graphics, documents, photographs, trademarks, logos, icons, sounds, music, visual recordings, artwork not related to the Services from the Website for your own personal and non-commercial use on the following basis: i. no Website Content modified in any way; ii. no Website Content is used separately from the corresponding text; iii. the Company’s copyright and trademark notices and this permission notice appear in all copies; iv. no Website Content will be copied or posted on any networked computer or published in any medium. b) All copyright and other intellectual property rights in all Website Content, user interfaces, software, computer code or other material on or in the Website (including without limitation the “look and feel”, layout, design, structure, color scheme, selection, combination, and arrangement of the Website) are owned by the Company or its licensors and are protected by copyright, trademark, trade dress, and various other intellectual property and unfair competition laws. For the purposes of these Terms of Use, any use of the foregoing from the Website other than in accordance with clause 2(a) for any purpose is strictly prohibited. c) If you breach any of the terms in these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed Website Content and delete the App. d) Subject to clause 2(a), no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without prior written permission of an authorized officer of the Company. Additionally, you may not copy, distribute, reproduce, mirror, frame, publically display, publically perform, translate, create derivative works of, re-publish, or transmit the Website, the Website Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose. e) Any rights not expressly granted in these Terms of Use are reserved.
- Services and Access a) By using the Website, you may choose to purchase Services from the Company. The prices for Services are displayed on the Website and may be updated by the Company at any time. b) By purchasing by you or as an authorized user, you hereby consent to the use of your data by us, and as necessary, to third-party service providers, to provide the Services purchased. Except as set forth in the foregoing sentence, any purchase from us or the grant of rights to access and use the Services to you by us is not subject to these Terms of Use. c) While the Company endeavors to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. d) Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
- Visitor material and conduct a) The Website may contain comments sections, discussion forums, or other interactive features not related to the Services in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items. You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 16 years or older. By submitting User Content to an Interactive Area, you represent that you are 16 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit User Content, and participate on the Website. b) Other than personally identifiable information, any User Content you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such User. By submitting User Content, (other than personally identifiable information) you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) and all data, images, sounds, text and other things embodied therein in any form, media or technology now known or hereafter developed for any and all commercial or non-commercial purposes, without payment to you or to any third parties. c) You agree that you are prohibited from posting or transmitting to or from the Website any User Content: i. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or ii. known to be false, misleading, or inaccurate iii. for which you have not obtained all necessary licenses and/or approvals; or iv. which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; v. uses the name or likeness of an identifiable natural person without such person’s consent vi. contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; vii. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or viii. that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Website. d) We reserve the right, in our sole discretion, to remove or edit User Content submitted by you. e) The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. f) We are not responsible for the accuracy or credibility of any User Content and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Website. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using Interactive Areas, you assume all associated risks. g) We have the right, but not the obligation, to monitor User Content posted or uploaded to the Website to determine compliance with these Terms of Use and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Website, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Website at your sole cost and expense. The decision by us to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Website. h) The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 9(c). i) The following terms apply to your conduct when accessing or using the Website: (a) you agree not to interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website unless otherwise provided in these Terms of Use; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, the Company or any Company employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Website or posting private information about a third party.
- Links to and from other websites a) Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. b) The Company therefore does not endorse or make any representations about such third-party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website you do so entirely at your own risk.
- Registration a) You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as forums and other community features, to create a user account that may allow you to receive information from us and/or to participate in certain features on the Website (other than the Services). We will use the information you provide in accordance with the Company’s Privacy Policy. By registering you represent and warrant that all information that you provide is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Website so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Website and all charges related to the same. b) Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network. If you do, then access will be suspended. c) Responsibility for the security of any passwords issued rests with you.
- Termination We may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Website in the event of any conduct by you which we, in our sole discretion, consider being unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of clauses 1-2, 4(i), and 7-12 shall survive termination of these Terms of Use.
- Disclaimer a) While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. WE DO NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE CONTENT, THE WEBSITE. b) The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.
- Limitation of Liability a) The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any OTHER websites linked to the Website or the material on such OTHER websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any OTHER websites linked to the Website. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR ANY OTHER THIRD PARTIES. b) Nothing in this legal notice shall exclude or limit the Company’s liability for i. death or personal injury; or ii. fraud; or iii. WILLFULmisrepresentation as to a fundamental matter; or iv. any liability which cannot be excluded or limited under applicable law.c) If your use of WEBSITE CONTENT on the Website results in the need for servicing, repair, or correction of equipment, software, or data, you assume all costs thereof. The Company’s liability is excluded. The Company makes every effort to check and test WEBSITE CONTENT at all stages of production, however, you must take your own precautions to ensure that the process which you employ for accessing thE website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. d) IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website by you. The Company reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- **Miscellaneous. ** These Terms of Use and any operating rules for the Website established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of the Company, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
- Copyrights and Copyright Agent This clause 13 shall apply to all individuals and corporations that access and use the Website from the United States of America only: a) The Company takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to those materials) from the Website by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice must include substantially the following: i. your physical or electronic signature; ii. identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works. iii. identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. iv. adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). v. a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.vi. a statement that the information in the written notice is accurate.vii. a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
