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Contents
Finntrack
Terms of Use
Finntrack Ltd provide their services to recognised further
and higher education institutions, and vocational training
and development centres throughout the world independently
and jointly, subject to the following Terms of Use ("TOU"),
which may be updated from time to time without notice to
users.
User may review the current version of TOU at any time through
www.finntrack.com. Finntrack may offer other services from
time to time, which may governed by different, published Terms
of Use.
By accessing, browsing, and using the Finntrack sites, the
user accepts, without limitation or qualification, these TOU.
If you do not wish to be bound by these TOU, you may not access
or use the Finntrack services.
1. Finntrack Ltd Services
Users acknowledge and agree that the Services are provided
"AS IS" and that Finntrack assume no responsibility
for the timeliness, deletion, misdelivery or failure to store
any user communications or personalisations
In order to use the Services, user must obtain access to the
World Wide Web, either directly or through devices that access
web-based content. In addition, user must provide all equipment
necessary to make such connection to the World Wide Web, including
a computer and modem or other access device.
User understands and agree that the Services may include advertisements
and references and these advertisements and references are
necessary for Finntrack to provide their Services. User also
understands and agree that the Services may include certain
communications from Finntrack and third parties, including
service announcements and administrative messages, and that
these communications are considered part of the user registration,
and users will not be able to opt out of receiving them.
Finntrack
is a creator and copyright holder of its learning contents
material and services that enable instructors to support their
in-class teaching and learning output..
3.
Registration Obligations
In consideration of your use of the Services, user agrees
to (a) provide true, accurate, current and complete information
as prompted by the Service's registration facility, and (b)
maintain and promptly update the information to keep it true,
accurate, current and complete. Should the user information
be found untrue, inaccurate, not current or incomplete, or
the service providers have reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
Finntrack have the right to suspend or terminate the user
account and refuse all current or future use of the Services,
or any portion thereof.
To user the Services to public areas of the websites are not
required to register with the suppliers. However, to gain
accesses to secure areas of the sites, user will need to register
for the areas concerned and obtain an user name and password.
The information provided to Finntrack during the registration
process will assist service providers in offering user specific
content, service, and network management systems as appropriate.
The
registered users are solely responsible for maintaining the
confidentiality of their identification codes, user name(s)
and password(s). Furthermore, users are responsible for all
activities, charges, and liabilities associated with the individualised
services. User must immediately notify Finntrack of any unauthorized
use of their access to or Finntrack websites, and remain responsible
for any unauthorized charges made on or through their account(s)
until Finntrack has received such notification. All Finntrack
account(s) non-transferable to another person. In cases where
registered user has authorized or registered another individual
to use your account(s), the original user is fully responsible
for (i) the online conduct of such user; (ii) controlling
the user's access to and use of the Services; and (iii) the
consequences of any misuse. Finntrack registration is not
currently available to minors. For additional information
on how we use the information provided to us, please see the
PRIVACY POLICY.
Users
will receive an user name and password upon completing the
registration process.
4.
Copyright
User acknowledges that Finntrack, their channels, their services,
any underlying technology used in connection with Finntrack
learning contents, services, and all software, material, information,
communications, text, graphics, links, electronic art, animations,
audio, video, photos, and other data (collectively, the "Content")
available within the Finntrack websites are provided by the
copyrighted works of Finntrack and the Original Authors of
the materials as indicated on individual web pages, except
as expressly authorized by Finntrack in this TOU or as may
be posted on the Services. User may not copy, reproduce, publish,
distribute, modify, create derivative works of, rent, lease,
sell, transfer, display, transmit, compile or collect in a
database, or in any manner commercially exploit any part of
the Content or the Services, in whole or in part. You may
not store any significant portion of any Content or the Services
owned by, or licensed to Finntrack in any form, whether archival
files, computer-readable files, or any other medium. User
also may not "mirror" any Content or the Services
on any other server.
The copyright holders encourage the users to download and
print a reasonable number of copies of Content for noncommercial
personal or educational use only; provided that (i) any permitted
copies of content contain, in an unmodified form, any copyright
or other proprietary rights notices shown in the Content and
an original source attribution to Finntrack, and the applicable
URL, and (ii) no modifications of any of the Content are made
except as may be expressly provided by Finntrack on the Web
page containing the applicable Content. User acknowledges
that Finntrack remains the owners of the Content and that
you do not acquire any intellectual property rights in such
Content by downloading or printing the Content.
5. Links
Some links on the Finntrack websites lead to sites posted
by Third Party site owners. Because Finntrack have no control
over these sites, Finntrack are not responsible for such sites'
accessibility via the Internet and does not endorse products,
services, opinions or information provided by such sites.
As such, Finntrack will not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with, use or reliance on any
User or other Content, goods, or services available on or
through any other site. Further, the inclusion of these links
does not imply that the other sites have given permission
for inclusion of these links, or that there is any relationship
between Finntrack and the linked sites. Finntrack are independent
operating firms and reference to other companies does not
imply any partnership, joint venture, or other legal connection
where Finntrack individually or jointly would be responsible
for the actions of their respective owners.
6. Conduct
Users may only access the Finntrack websites and use the Services
for lawful purposes. Users are solely responsible for the
knowledge of and adherence to any and all laws, rules, and
regulations pertaining to your use of the Services. Users
agree that they will not: (i) use the Services to commit a
criminal offense or to encourage conduct that would constitute
a criminal offense or give rise to a civil liability, or otherwise
violate any local, state, federal, or international law or
regulation, including, but not limited to, export control
laws and regulations governing the transmission or retransmission
of technical data from the United Kingdom; (ii) upload, post,
e-mail, or otherwise transmit any unlawful, threatening, libelous,
harassing, defamatory, vulgar, obscene, pornographic, profane,
invasive of another's privacy, hateful, or ethnically, racially
or otherwise objectionable User Content; (iii) upload, post,
e-mail, or otherwise transmit any User Content that the user
does not have a right to transmit; (iv) upload, post, e-mail,
or otherwise transmit any User Content that infringes any
patent, trademark, trade secret, copyright, or other proprietary
rights of any party; (v) alter, damage, or delete any Content
or other communications that does not belong to the user or
to otherwise interfere with the ability of others to access
or use the Services; (vi) disrupt the normal flow of communication
or otherwise act in a manner that negatively affects other
users' ability to engage in real-time exchanges; (vii) claim
a relationship with or to speak for any individual, business,
association, institution, or other organization for which
the user is not authorized to claim such a relationship; (viii)
upload, post, e-mail, or otherwise transmit any unsolicited
advertising, promotional materials, or other forms of solicitation
to other users including, without limitation, "junk mail,"
"spam," "chain letters," or "pyramid
schemes"; (ix) interfere with or disrupt the Services
or servers or networks connected to the Services, or disobey
any requirements, procedures, policies, or regulations of
networks connected to the Services; (x) collect or store personal
data about other users; (xi) reproduce, duplicate, copy, use,
distribute, sell, resell, or otherwise exploit for any commercial
purposes, any portion of Finntrack, Finntrack channels or
the Services, use of Finntrack websites, channels or the Services,
or access to Finntrack websites, channels or the Services;
(xii) harm minors in any way; (xiii) stalk or otherwise harass
another; or (xiii) collect or store personal information about
other users without their permission.
You acknowledge that Finntrack do not prescreen User Content,
but that Finntrack will have the right (but not the obligation)
in its sole discretion to refuse or move any User Content
that is available through any Channel. Without limiting the
foregoing, Finntrack have the right to remove any User Content
or Course Site that violates the TOU or is otherwise objectionable.
User agrees and acknowledges that Finntrack may preserve User
Content and may disclose User Content if required to do so
by law or in the good faith belief that any such preservation
or disclosure is reasonably necessary to comply with legal
process, enforce the TOU, respond claims that any User Content
violates the rights of third parties or protect the rights,
property or personal safety of Finntrack, their users and
the public.
7.
Disclaimer of Warranty
FINNTRACK ARE NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT
CONTAINED WITHIN ANY COURSESITE™ AND MAKES NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY
COURSESITE™ FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS
LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY,
QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH
INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS
OF THE COURSESITES™ CHANNELS.
USER AGREE THAT ACCESS TO THE FINNTRACK WEBSITES, INCLUDING
ANY CHANNEL OR COURSESITE™, AND USE OF THE SERVICES
IS AT HIS/HER OWN RISK. NEITHER FINNTRACK, NOR THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY,
SUITABILITY OR CONTENT OF THE SERVICES.
FINNTRACK CHANNELS AND THE SERVICES ARE PROVIDED ON AN "AS
IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
IN NO EVENT WILL FINNTRACK OR THEIR PARTNERS, DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO USERS OR ANY
THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES (EVEN IF FINNTRACK HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY
TO ACCESS FINNTRACK CHANNELS OR USE OF ANY SERVICES, INCLUDING
WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS,
LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO FINNTRACK UK'S RECORDS, PROGRAMS,
OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES FINNTRACK LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
NOTHING
IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER
OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL
INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF FINNTRACK
8.
Indemnification
You agree to indemnify and hold Finntrack, and their affiliates,
officers, agents, partners, and employees, harmless from any
claim or demand, including reasonable attorney's fees, made
by any third party due to or arising out of User Content you
submit, post to, email, or otherwise transmit through the
Services, your use of the Services, your connection to the
Services, or your breach of the TOU.
9.
Modifications to the Service
Finntrack
reserve the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Finntrack
websites, the Finntrack Channels or the Services (or any part
thereof) with or without notice. You agree that Finntrack
will not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Services.
10. Termination
User may discontinue his/her participation in and access to
the Services at any time. The TOU will continue to apply to
all past use of the Services by the user, even if they are
no longer using them. User acknowledge and agree that Finntrack
and their affiliates may terminate or block the user of all
or part of the Services and Finntrack websites and channels,
without prior notice for any reason, including, without limitation,
if Finntrack believes the user has engaged in conduct prohibited
by this TOU. User agrees that upon termination or discontinuance
for any reason, we may delete all information related to the
user on the Services and may bar your access to the Finntrack
websites and channels and use of the Services.
11. General
By accessing the Finntrack websites and channels, user agree
to the above stated TOU. This Agreement is entered into in
accordance with the English Law and shall be construed in
accordance with the laws of the UK, exclusive of its choice
of law rules. Each party to this TOU submits to the exclusive
jurisdiction of the Great Britain having jurisdiction in England,
Scotland, Wales and Northern Ireland, and waives any jurisdictional,
venue, or inconvenient forum objections to such courts. In
any action to enforce this TOU, the prevailing party will
be entitled to costs and legal fees. In the event that any
provisions of this TOU are held to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent
necessary so that this TOU shall otherwise remain in full
force and effect. This TOU and any posted guidelines or rules
applicable to certain services within Finntrack constitutes
the entire understanding between the parties pertaining to
the subject matter hereof, and any prior written or oral agreements
between the parties are expressly canceled. Please report
any violations of the TOU to Finntrack
Ltd.
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